Those who choose nursing selflessly sacrifice their time, as well as their emotional and psychological comfort, in service of others. The high-stress, high-stakes nature of the healthcare system can be so severe that many nurses suffer from post-traumatic stress disorder (PTSD), and understandably so.
The point is that virtually anyone should see that nurses deserve the benefit of the doubt. Furthermore, you deserve some measure of leeway and understanding if you make a mistake or judgment error inconsistent with the lofty nursing standards. Unfortunately, the New York State Office of the Professions can be slow to extend empathy and quick to issue discipline.
If you are facing an investigation of your conduct, have received a consent order proposal, have an upcoming hearing, or even just suspect that your license may come under threat, do not wait to retain an attorney from the Lento Law Firm Professional License Defense Team.
Our firm has an extensive history defending nurses' licenses in New York and throughout the country. Call the Lento Law Firm Professional License Defense Team today at 888-535-3686, or contact us online about how we can help you.
Nurses in the Buffalo Metro Area Can Face License-Threatening Allegations Out of the Blue
Nurses' professional lives are more than most would be able to handle, with the potential for 12 to 16-hour shifts, constant uncertainty about what patients will come in (and what care they will need), and life-and-death circumstances being routine. When you account for the demands of nurses' personal lives, it's no wonder that notice of potential license discipline catches many nurses by total surprise.
Little more than an allegation—even one motivated by malice—or a minor mistake may suddenly jeopardize your ability to do your job. You might face discipline for allegations of:
- Misrepresenting yourself, your education, your qualifications, or other facts during the acquisition or maintenance of your nursing license
- Using prescribed drugs, illicit drugs, alcohol, or any other substance in a manner that interferes with your work
- Mistreating patients
- Administering medications or treatment improperly or dangerously
- Being convicted of a crime
- Failing to follow best sterilization practices
- Disobeying orders from a superior
- Practicing without necessary credentials
- Sexual misconduct of any sort
- Making an error during your care
These things happen, but that does not mean you are responsible for them. Even if you have made a mistake, you must receive due process and the opportunity to tell your side of the story to those who hold your license in their hands.
It does not matter whether you work at Buffalo General, Niagara Falls Memorial Medical Center, or another employer in the area. If you are accused of wrongdoing of any sort, prepare to hear from the Office of the Professions (if you have not already). More importantly, mount your defense by retaining an attorney from our Professional License Defense Team.
Fight for Your License: The New York State Office of Professions (OP) Can and Does Take Adverse Action Against Nurses
The Office of Professions has virtually boundless power to issue discipline to healthcare professionals in the Buffalo area (and throughout the state), from Lackawanna to Lockport. This institution commands your respect, as its disciplinary actions don't rest.
The OP has proven willing to:
- Suspend nurses' licenses
- Impose stayed suspensions
- Issue fines
- Impose probation on nurses
- Force nurses to surrender their licenses
Alleged offenses range from incorrectly administering medication to the wrong patient to committing “boundary violations” with a patient and applying restraints “without justification.” Many of these allegations appear to have some measure of subjectivity, which is one reason why you must take your defense into your own hands.
Left to make up their own minds, those who handle your case may reach unfair, inaccurate conclusions. They may sanction you on the grounds of those inaccurate conclusions. Your attorney from the Lento Law Firm Team will present every relevant detail of your case, contextualize those details, and fight for you to face minimal discipline if any discipline at all.
You Must Understand the Mistakes Nurses Often Make During Disciplinary Proceedings
The first step you can take in defending your nursing license is to avoid other nurses' common mistakes, which include:
- Not hiring a professional (from the Lento Law Firm Team) to spearhead their defense
- Assuming that because the nurse knows they did not commit the alleged offense(s), the Office of the Professions will reach the same conclusion
- Thinking that a “minor” allegation cannot lead to severe punishment
- Assuming that current or future employers will not care about “minor” sanctions
- Believing they have the time and energy necessary to effectively defend their own license
- Foregoing the priceless protection and advice an attorney from our Professional License Defense Team will bring to your case
The fact is, there is no such thing as “minor” allegations or discipline. Nursing is a competitive field, and formal sanctions are a glaring blemish that you don't want on your record. Your current employment, future opportunities, earning power, and professional fulfillment could all be in jeopardy if you don't defend yourself effectively.
How the Office of the Professions Adjudicates Nurse-Specific Disciplinary Cases
You need to understand how complex and potentially perilous the disciplinary process for nurses can be. Keep in mind that the real-life process may include several more steps and responsibilities, but for the sake of brevity, expect that the OP's disciplinary process will entail:
Notification
If you are the subject of a complaint that the Office of the Professions elects to move forward with, you will receive notice from the Senior Investigator handling your case. Hire your attorney from the Lento Law Firm Team as soon as you receive formal or informal notice of an investigation concerning you.
Investigation
The investigative process may include:
- A Supervising Investigator reviewing the complaint
- The Supervising Investigator either proceeded with the case or judged the complaint as insufficient to warrant further action.
- The OP's Office of Professional Discipline (OPD) assigning a Senior Investigator to your case
- The Senior Investigator notifying you of the investigation and potentially requesting an interview
- The Investigator gathers all other information that may be relevant to the case.
At the investigation's conclusion, the Senior Investigator, a Prosecuting Attorney, and an NYS Board Member of the related profession will determine whether you should face prosecution for the alleged complaint or whether the case should be closed with “No Action” rendered.
Because this process is conducted by regulators overseeing the entire state, you can expect a similar framework whether you're in Niagara Falls, Olean, Tonawanda, Cheektowaga, or any other locale in the Buffalo area.
Negotiation of a Consent Order
The majority of nurse discipline cases in New York conclude with a consent order. The nurse agrees to certain disciplinary terms, which may or may not allow them to resume their career once the terms are fulfilled.
Your attorney from the Lento Law Firm Team will discuss with you whether seeking a consent order is an option you are open to. Each case and nurse is unique, but this is one possible means of resolving your case.
A Hearing
If you do not find the terms of any available consent order acceptable, a hearing may be held to determine your responsibility for the allegations against you. Hearings typically involve:
- Presenting evidence related to allegations against the nurse
- Questioning and cross-examining witnesses
- Making oral arguments
- The nurse answers questions from the disciplinary body, with their attorney present to protect them.
The Lento Law Firm Team will thoroughly prepare you for any hearing(s) that occur during the disciplinary process. We will represent you throughout the hearing, making the most compelling case we can on your behalf.
Your Attorney from the Lento Professional License Defense Team Will Advocate for You (at Every Step of the Process Ahead)
The Lento Law Firm Team represents Licensed Practical Nurses (LPNs), Registered Professional Nurses (RNs), Nurse Practitioners (NPs), Clinical Nurse Specialists (CNSs), and other healthcare professionals who see their licenses placed at risk. Whether you're facing discipline because of a misunderstanding, a baseless allegation or some mistake is immaterial—everyone needs a detailed, persuasive defense when their career is in jeopardy.
The Leno Law Firm Professional License Defense Team helps hardworking professionals out of immensely difficult circumstances. This is what we will plan to do for you, and we may assist you by:
Evaluating Your Case
We recognize that each nurse faces unique career circumstances, allegations, and potential sanctions. Your attorney needs to immediately identify and analyze the details of your case, and they will.
Lending You Our Advice
Once your attorney from the Lento Law Firm Team has digested the facts of your case, they will:
- Explain the most likely range of sanctions you could face if found responsible
- Share any experiences they have representing nurses in similar circumstances
- Propose a strategy custom-tailored for you
- Explain the potential benefits and drawbacks of each strategy available to you
We will also solicit your advice and feedback. This is your license and your future at risk. Your opinions, insights, and wishes will always be critical in how we lead your case.
Guiding You Through the Investigative Process
Our representation is continuous, and we will lend you advice, answer your questions, and serve as support throughout the disciplinary process. Whether you are preparing for an interview with the Senior Investigator, weighing the terms of a consent order, or facing any other step in the process, we will guide you through.
Seeking a Favorable Consent Order, If You're Open to That Prospect
You do not have to commit to accepting a consent order. It's generally best practice to see what offer you might receive, though. Your attorney from our team will negotiate the strongest offer we can. We can then help you determine if the best terms you receive are acceptable.
Preparing, and Preparing You, For All Necessary Hearings
If you must undergo an interview or hearing as part of the disciplinary process, we will ensure you're prepared. We will also draw up a comprehensive strategy that accounts for the often unpredictable nature of these hearings. Depending on how your hearing is conducted and the degree to which we can participate in proceedings, we will:
- Intervene if the investigator or other parties ask inappropriate questions
- Encourage you to turn to us if you have any questions about whether to answer a question
- Lead your defense, which may include questioning witnesses and presenting evidence during a hearing
- Making oral arguments on your behalf
Hearing preparation and participation can be critical features of the Lento Law Firm Team's representation.
Appealing Any Unfavorable Ruling
If your case leads to a hearing and you do not receive the ruling you deserve, we will take advantage of all available appeal options.
Let the Lento Law Firm Team Fight for Your License, Your Name, and Your Future in Nursing
Now is not the time to tough things out on your own. You may be facing truly life- and career-altering sanctions, and we know how to defend you. You and other nurses in the Buffalo area can confidently turn to the Lento Law Firm Professional License Defense Team for advocacy because:
- Our firm has made a concerted effort to defend professionals in their most challenging times, and we have valuable experience representing nurses like you
- We have substantial resources that we commit to nurse license defense as we pull out all the stops for our client's benefit.
- We understand the technical aspects of nursing and also rely on experts who are even more knowledgeable—disciplinary cases can be highly technical, so this is important.
- While we take a cooperative approach with disciplinary boards, we are aggressive in our pursuit of fair consent orders, hearing outcomes, and appeals.
We are also familiar with cities, towns, and villages and medical providers throughout the Buffalo metro area. Your defense cannot wait, so call the Lento Law Firm Professional License Defense Team today at 888-535-3686, or contact us online about our representation.
