Nurses have a responsibility to treat all patients with an equal degree of care and respect. Patient outcomes can suffer if nurses engage in any form of discrimination.
Thus, state nursing boards take accusations of discrimination very seriously. If you're a nurse who's been accused of discrimination, your license to practice nursing could be on the line.
You don't have to passively wait for a nursing board to make its decision upon learning someone has accused you of discrimination. Now is the time to protect yourself by mounting a defense.
However, because you don't have experience navigating this type of investigation, you're not prepared to defend yourself adequately. At the Lento Law Firm, attorneys with our Professional License Defense Team have the unique qualifications necessary to defend someone in your circumstances. Learn more about what we can do for you by submitting your information through our online contact form today or calling us at 888-535-3686.
Examples of Discrimination in Nursing
Nurses can engage in discrimination in various ways. Nurses might discriminate against patients based on such factors as:
- Race
- Ethnicity/national origin
- Age
- Gender
- Gender identity
- Sexual orientation
- Religion
- Language
- Disability
That's not necessarily a complete list. Be aware your state's nurse practice act may contain language specifically addressing the topic of discrimination. Check for the Nurse Practice Act in your state to find out if it specifies the types of individuals and groups who may be victims of discrimination in nursing.
Common examples of discrimination in nursing include:
- Not attending to the needs of certain patients based on factors like those listed above
- Based on racial or gender stereotypes, not offering adequate pain management
- Committing microaggressions that may be insulting or offensive to patients but don't rise to the level of obvious wrongdoing, preventing a patient from speaking out about their concerns in the moment
- Not properly accommodating the needs of a patient with a disability
Again, those are just examples. Because discrimination can take so many forms, there may be instances when nurses are accused of discrimination for behaviors that might arguably be relatively benign.
This is a factor we at the Lento Law Firm Professional License Defense Team may consider when approaching your case. If there's reason to argue that what you're accused of doesn't qualify as discrimination, we may account for this when working on your defense strategy.
Consequences for Patients of Discrimination in Nursing
Understanding the way discrimination can affect patients can help you more thoroughly understand why nursing boards take these types of allegations very seriously. The following are just a few ways patients and their families might struggle when legitimate discrimination occurs:
- A patient might endure unnecessary pain or discomfort because they didn't receive the pain management treatment they needed.
- A patient might experience avoidable negative outcomes because, due to discrimination, they didn't receive the same degree of attention that other patients may have received.
- A patient (or colleague, or family member, etc.) could feel disrespected and uncomfortable in a vulnerable state because those responsible for their care used discriminatory language or engaged in another form of discrimination.
- Patients might not have their claims taken seriously by nurses who discriminate, preventing them from receiving the care and respect they deserve.
Employers also take these accusations seriously. If a nurse is accused of discrimination, their employer could be the target of a civil suit.
You need to take the issue seriously as well. If you've been accused of discrimination as a nurse, our Professional License Defense Team at the Lento Law Firm is here to help.
Who May Accuse a Nurse of Discrimination?
The process of lodging a complaint against a nurse for alleged discrimination varies on a state-by-state basis. Thus, there is sometimes variation regarding who may file such a complaint. Generally, though, parties who may formally contact a nursing board accusing a nurse of discrimination include:
- Patients
- Patients' families and loved ones
- Coworkers
- Supervisors
- Anyone else who may have relevant information about an alleged incident or pattern of discrimination
In some states and working environments, medical professionals and staff members are actually encouraged or even required to report their coworkers when they believe they've engaged in discrimination or similar violations.
Don't try to persuade your accuser to change their mind about a complaint (if you even know who your accuser is in the first place). Doing so can only further complicate an already complex matter.
In addition, if a nursing board finds out you tried to contact your accuser, investigators may reasonably conclude you were trying to interfere with the investigation. No matter who filed a complaint against you, when you learn of discrimination allegations, get in touch with the Lento Law Firm Professional License Defense Team to start building your case.
You've Been Accused of Discrimination as a Nurse: What to Expect from the Process
Again, every state has its own nurse practice act. That means every state and nursing board has its own way of investigating accusations of discrimination. A general overview like this can't cover all the specific aspects of the investigation process, as it may vary from one state to another.
That said, there are certain general steps an investigation often involves. Although the exact details may be somewhat different, typically, the process may involve:
- Learning about the accusations: You'll receive notification from your employer or the state nursing board indicating someone has accused you of discrimination. Depending on the policies in your state, you may or may not learn who your accuser is at this time. Review the information you receive carefully, as it may also explain the extent to which you can or cannot continue practicing nursing while an investigation is pending.
- Initial evaluation: Often, before launching a full investigation, a nursing board will evaluate an accusation of discrimination to determine whether an investigation is even necessary. In some states, this step might occur before a nurse is notified of the accusations against them. If a complaint doesn't appear valid or legitimate, a nursing board may decide not to investigate further. An example of when this might happen could involve a patient accusing a nurse of behavior that doesn't rise to the level of actual discrimination.
- Investigation: If a state nursing board does proceed with an investigation, investigators may interview patients, coworkers, supervisors, and virtually anyone else who may have relevant information. They might also look into your background to determine if there are any incidents from your past indicating a predilection towards discrimination. Having a lawyer help you navigate this experience can make it much less stressful than it might otherwise be.
- Presentation of findings: Again, the process varies in every state, but often, the investigators who look into accusations of discrimination are not responsible for deciding whether a nurse accused of discrimination should be penalized. Instead, at the conclusion of an investigation, investigators will usually present their findings to other members of the state nursing board. They might be permitted to make recommendations when doing so. However, it's usually other members of the nursing board who decide whether to proceed with disciplinary action after an investigation ends.
- Rendering a decision: Key members of the nursing board will review the findings of an investigation and determine whether a nurse must be disciplined for their behavior. Usually, they will announce their decision in person during a session a nurse may have to attend. They will also mail a copy of their decision to the nurse. If you receive this information, make sure you thoroughly understand what's required of you to avoid getting into future trouble.
Those are the general aspects of the process as it often plays out in most states. Other steps the process may involve include:
- Hearings: Nurses accused of discrimination or similar violations often have the option to participate in hearings during which they may hear the case against them. In a hearing, a nurse may also present their own case.
- Appeals: The decision of the nursing board at the conclusion of an investigation doesn't always need to be final. In many states, nurses have the option to appeal such decisions if they disagree with them.
This may be the first time you've ever been under investigation by a state nursing board. Thus, you might feel overwhelmed as an investigation proceeds, not knowing what you can do to influence the outcome in any sort of positive way.
These feelings are natural and understandable. Fortunately, by hiring attorneys with experience handling cases like yours, you can enjoy the peace of mind that comes from knowing you have proper representation. That's exactly the type of representation we at the Lento Law Firm Professional License Defense Team offer.
What NOT to Do When You're Accused of Discrimination in Nursing
Being accused of discrimination can jeopardize a career you've worked hard for. In these circumstances, it's easy to make the kinds of errors that could negatively affect your case's outcome.
Examples of what you should NOT do upon learning you've been accused of discrimination include:
- Confronting your accuser
- Participating in interviews, meetings, or hearings without representation
- Discussing the case with coworkers, supervisors, or other such parties
- Posting about the case on social media
- Attempting to defend yourself
It's true that a nursing board's investigation into a complaint isn't a criminal matter. Regardless, depending on the outcome of an investigation and a nursing board's decision, the consequences of this matter can affect your life for years to come.
You may not be facing criminal charges. Nevertheless, it's wise to proceed as if you are.
You'd exercise your right to remain silent and contact a lawyer if you were arrested. Similarly, if you learn someone has accused you of discrimination, protect yourself by enlisting the help of the Lento Law Firm's Professional License Defense Team.
Nursing May Constitute Unprofessional Conduct
Depending on where you live, you may find that your state's Nurse Practice Act doesn't offer a lot of information on the specific topic of discrimination. That doesn't mean you can't face consequences for allegedly discriminating against patients.
Discrimination is often classified as a form of “unprofessional conduct.” Check the relevant section of your state's Nurse Practice Act to learn more about this topic and what it might mean for your case.
Just remember that you don't have to try to understand and navigate all aspects of your case alone. Nor should you. At the Lento Law Firm, our Professional License Defense Team can help you understand anything pertaining to your case that you may have questions about.
Potential Consequences of Being Accused of Discrimination as a Nurse
The consequences you may face when accused of discrimination in nursing can depend on many factors. Examples of disciplinary action a nurse licensing board may consider include:
- Formal reprimand
- Requiring you to participate in some form of anti-discrimination or sensitivity training
- Requiring you to undergo a probationary period
- Suspending your license to practice nursing
- Revoking your license to practice nursing
- Requiring you to undergo a period of supervision
Those are just a few examples. Factors a nursing board might account for when deciding what type of disciplinary action to take include:
- The severity of the alleged discrimination
- The manner in which the alleged discrimination affected a patient and/or their family
- Whether a nurse has been the subject of similar complaints in the past
State nursing boards also typically keep a record of disciplinary actions they've taken against nurses. If a nursing board takes any disciplinary action against you, other employers in your state may easily learn of it. As this overview will elaborate further down, if your state participates in the Nursys program, employers in other states might easily access this information as well.
You've spent years pursuing a career that allows you to help and heal people. You don't want to lose your ability to practice nursing because someone accused you of discrimination. Guard against unreasonable disciplinary action by hiring the Lento Law Firm's Professional License Defense Team to defend you when you've been accused of discrimination in nursing.
The Nursys System and Discrimination Allegations
The Nursys system offers many benefits to nurses when they wish to move or practice nursing in multiple states. If a state is part of the Nursys system, which most states are, its nursing board shares key pieces of information and data with other states and nurse licensing boards in the system.
On the one hand, this means that a nurse who currently works in one Nursys state may not need to go through the process of getting re-licensed to practice nursing in another Nursys state.
On the other hand, it also means that if accusations of discrimination result in any form of disciplinary action against a nurse, other nurse licensing boards in the Nursys system may have access to information about the case.
It can be challenging to find work as a nurse in your current state after being disciplined for accusations of discrimination. If yours is part of the Nursys system, you may find it difficult to get nursing work in many other states as well.
This isn't meant to unreasonably frighten or concern you. It's meant to remind you of the ripple effect that accusations of discrimination can have on your career. If you're notified that someone has accused you of discrimination, take the matter seriously and contact a lawyer qualified to defend someone in your position.
Potential Defenses When a Nurse is Accused of Racism
Personalization is among our top values at the Lento Law Firm Professional License Defense Team. Our experience has shown us that the best defense strategy for any client is the defense strategy that accounts for the unique details of their case.
We don't know how we'll defend you. Once our team has the opportunity to review the specifics of your case, we can establish and implement a defense strategy tailored to your needs.
In the meantime, the following are common defense strategies lawyers may use in these circumstances. They'll give you a general sense of how attorneys might handle a case like yours:
- Citing lack of evidence: Because this isn't a criminal case, the burden of proof that a prosecutor might have to meet isn't necessarily the same burden of proof investigators might have to meet. Regardless, it's still improper for a nursing board to discipline you if an investigation doesn't yield sufficient evidence to confirm or support the allegations against you. If a lack of evidence or other such factors indicate that the case against you is weak, attorneys can point this out.
- Arguing the behavior doesn't constitute discrimination: As mentioned earlier, it's not always clear whether a particular behavior does or doesn't qualify as discrimination. Lawyers could help to show that the behavior you're accused of doesn't warrant disciplinary action.
- You aren't responsible for the discrimination: It's possible that someone who accused you of discrimination might have a valid complaint—against someone else. For example, maybe a patient experienced a negative health outcome because they didn't receive a proper diagnosis or treatment. Perhaps they accurately determined this occurred because of discrimination. However, maybe they've inaccurately determined that you're the one who discriminated against them, when in reality the discrimination occurred at another level of a patient's care.
- The discrimination was the result of policies already in place: This defense strategy is somewhat similar to the one above. In some instances, nurses accidentally engage in discrimination because they're adhering to employer policies, result in unintentional discrimination against some patients. In such a case, a lawyer might point out that it's inappropriate to discipline a nurse for simply practicing according to the policies someone else established.
- Arguing that someone lied: Although you never want to accuse someone of lying when they say that a nurse has engaged in discrimination, it sometimes happens. For example, grudges can be an issue in virtually any type of workplace. Maybe a fellow nurse reported you for discrimination to get back at you for some perceived slight or insult. Regardless, if someone lied when accusing you of discrimination, attorneys may be able to help you show why the complaint isn't legitimate.
- Explaining the error was an honest mistake: Cases of discrimination can vary extremely widely in regard to severity. For instance, perhaps you've been accused of discrimination in nursing because you used insensitive language or engaged in another form of “mild” discrimination accidentally. In this scenario, a lawyer may defend you by showing that you made an honest mistake but are taking proactive steps to avoid making such errors in the future.
Lawyers may also be able to negotiate deals with nursing boards. In a criminal case, an attorney can negotiate with the prosecution and the judge to arrange a deal in which a client agrees to plead guilty in exchange for reasonable sentencing.
Similarly, a lawyer could cite mitigating factors to demonstrate why any disciplinary action you may face should be relatively lenient. For example, attorneys could show that you've never faced such accusations before, and are thus not someone who demonstrates a pattern of discriminatory behavior.
The best way to learn how attorneys may assist you is by reviewing your case with them. The Professional License Defense Team at the Lento Law Firm is available to offer the defense you need when facing allegations that could derail your career.
Professional License Defense Attorneys Can Help When You've Been Accused of Discrimination as a Nurse
Accusations of discrimination can leave a stain on a nurse's career that can be hard to erase. Depending on the severity of the accusations, they may even stand between a nurse and their ability to continue practicing.
That's not to say you need to think the worst when you find out someone has accused you of discrimination. One of the best ways to protect yourself now is to coordinate with professionals who have experience defending nurses like you.
At the Lento Law Firm, our Professional License Defense Team consists of attorneys who understand the unique differences between criminal cases and cases involving nursing board investigations. Our experience ensures we're qualified to handle your case. Get started today by calling our offices at 888-535-3686 or contacting us through our online contact form.
