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The Spodek Law Group can help represent nurse practitioners, licensed practical nurses, and registered nurses, in all types of nurse license defense matters. If your license is threatened by the NYS education department, or other disciplinary boards, you should consultant with an attorney who understands the process.
Why are you being harassed and investigated?
It’s likely the professional/disciplinary board thinks some sort of criminal or ethical issue occurred. There is an allegation of misconduct, such as:
failing to maintain patient records
drug or alcohol
failing to maintain proper care of patients
You need an experienced attorney who understands what you’re facing, and who can help you keep your license. Having a competent attorney can be the difference between losing your nursing license and keeping it. Our NY nurse license defense lawyers provide a vigorous and strong defense to nurses, at all stages of the process. Our goal is to help our clients keep their license because we work to ensure that the allegations are unfounded. We investigate your legal situation as deep as possible, in order to find either testimony or evidence that will strengthen your case.
How nurses get investigated for misconduct in NY
Disciplinary proceedings can be trigged due to a complaint filed with the Office of Professional Discipline. This office then investigates the complaint. Upon a criminal conviction, the Department of Probation notifies the Department of Education of the cases status, and then the matter is further investigated by them.
Each year, the OPD receives almost 10,000 complaints – many involving nurses. Most are submitted by employers, and some by patients.
You should expect to be contacted by an OPD investigator who may request documents and an interview. When the investigation is done, the investigator will prepare the report for the OPD attorney and the Board of Nursing. At this stage, it’s decided whether there is enough evidence to proceed with the case. Some cases are dismissed at this preliminary stage. Others move to the next level.
Should nurses hire an attorney to help with this?
We highly recommend that nurses investigated get legal help immediately. We recommend hiring an NY license defense attorney who can help. Many nurses fail to realize that their license and livelihood is on the line. Trying to fix the problem on your own isn’t a good idea. You were trained as a nurse – not an attorney, and as a result should hire an attorney who understands what happens next.
What to do when you get the OPD investigation letter
At this point, it’s critical you hire an OPD lawyer. Any information that the investigator gets will become part of the investigative report. This could damage your case. Don’t speak with the investigator. What you should do is hire an attorney who will act as an intermediary and handle this process for you. If the OPD investigation letter asks for disclosure of documents, you might be requires to provide them – but you have no obligation to speak with the investigator. If contacted by the OPD investigator, call our NY nurse license defense attorneys immediately. We will discuss your case with you and take over the case.