how do i find a lawyer for a complaint against a nursing school?

by Miss Sharon Hodkiewicz 9 min read

If you are unable to locate one, contact The American Association of Nurse Attorneys (TAANA), the American Health Lawyers Association (AHLA) or your state bar association, by telephone or by visiting their website, and ask for a referral to such an attorney.

Full Answer

How do I file a complaint against a nurse?

Filing a Complaint. Any person who has knowledge of conduct by a licensed nurse that may violate a nursing law or rule or related state or federal law may report the alleged violation to the board of nursing where the conduct occurred. All jurisdictions have specific processes for complaint intake. Contact the Board of Nursing .

What to do if a nurse violates a nursing law?

Any person who has knowledge of conduct by a licensed nurse that may violate a nursing law or rule or related state or federal law may report the alleged violation to the board of nursing where the conduct occurred. All jurisdictions have specific processes for complaint intake. Contact the Board of Nursing .

How do I file a complaint against a school?

You can find on the school's website or in the school handbook the name and contact information of the administrative official who is in charge of dealing with complaints. Although you can take a copy of your letter to the official in person, it's generally better to mail your letter using certified mail with return receipt requested.

What kind of attorney do I need to defend a nurse?

We recommend that you immediately contact an attorney who specializes in defending nurses before the BON.

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What is the most common reason nurses are disciplined by state boards of Nursing?

The most frequent reason for discipline is practicing while impaired. SBNs set and enforce minimum criteria for nursing education programs. Schools of nursing must have state approval to operate.

What happens when a nurse is reported to the board?

Once a complaint hits their desk, the board has to determine if the facts as stated in the complaint are a violation of the laws that govern a nurse's practice. If so, an investigation is initiated, and the nurse may respond to the allegations. The board then resolves the complaint. It may or may not require a hearing.

How do I file a complaint with the Ohio Board of Nursing?

Complaint forms can be obtained on the Board's website at www.nursing.ohio.gov. Complaint forms are also provided by mail and email. To request a form please call (614) 466-9560 and request that a complaint form be provided to you. A completed complaint form should be mailed to the Ohio Board of Nursing at 17 S.

How do I file a complaint against a school in NY?

Contact: the principal, Respect for All Liaison or any staff member at your school. ... Submit the Complaint Reporting Form , to the principal, the Respect for All Liaison or any staff member at your school.Submit a complaint on the online portal at nycenet.edu/bullyingreporting.Call: 718-935-2288.More items...

How do I report a violation to Bon?

Your complaint can be emailed to complaints@bon.texas.gov, faxed to (512) 305-6870, or mailed to: Texas Board of Nursing, Enforcement, Suite 3-460, 333 Guadalupe St, Austin, Texas 78701.

How long does a BRN investigation take?

between 6-14 monthsIn fact, BRN is allowed to investigate nurses who have done nothing wrong, just to make sure they are complying with the law. Based on dozens of investigations, we estimate that most investigations take between 6-14 months from the start of the investigation to the issuance of an Accusation or the close of the case.

Who oversees the Ohio Board of Nursing?

A thirteen-member Board is appointed by the Governor and consists of eight registered nurses, four licensed practical nurses and one consumer. Of the eight registered nurses on the Board, one must be authorized to practice as an advanced practice registered nurse.

How can you lose your nursing license in Ohio?

Applicants for a license or certificate that have pled guilty to, been convicted of, or been found judicially guilty of any the following crimes may be disqualified from being licensed as a registered nurse, licensed practical nurse, advanced practice registered nurse, dialysis technician intern, dialysis technician, ...

What is the primary role of the Ohio Board of Nursing?

The mission of the Ohio Board of Nursing is to actively safeguard the health of the public through the effective regulation of nursing care. The public expects nurses to obtain an adequate level of educational preparation, follow established practice standards, and provide competent nursing care.

How do you write a complaint letter to a professor?

To ensure that a grievance is taken seriously, spend some time writing a clear, professional letter.Stay Detached. Keep the tone of your letter aloof and straightforward. ... Present Background Information. ... State the Facts. ... Request a Solution.

How do I file a complaint against a charter school in NYC?

Or send an email to charterschools@mail.nysed.gov (subject line should include the name of the school and the word “Complaint”).

How do I report a principal in NYC?

Public School Teachers, Principals, and Other Staff Members Contact the Department of Education. Call 311 for assistance.

What happens if you fail to respond to a complaint from the nursing board?

Should you fail to respond to the notice of a complaint, the Nursing Board may choose to take further disciplinary action against you, up to and including, the suspension or revocation of your nursing license. II.

What is initial review of a complaint to the State Board of Nursing?

At the outset, it is important to keep in mind that specific complaint procedures followed by a State Board of Nursing will vary from jurisdiction to jurisdiction, depending on the specific provisions outlined in a specific state’s Nursing Practice Act.

What is the formal appeal process for nursing?

At this point, the Nursing Board will file formal disciplinary charges against a licensee.

What is the least onerous disciplinary action that will be taken by a nursing board that is disclosed to the public

Public reprimand. This is often the least onerous disciplinary action that will be taken by a Nursing Board that is disclosed to the public. Fine or civil penalty. Nursing Boards often assess a fine or penalty in conjunction with other disciplinary action taken against a licensee.

What are the types of discipline that nursing boards take?

The types of discipline that may be taken by a specific Nursing Board generally include: Informal discipline.

How long can a nurse's license be suspended?

Suspension of license. A Nursing Board may choose to suspend a nurse’s license for periods ranging from a few months to several years. Suspension actions are often accompanied by other clinical training requirements that must be met before a nurse can apply to have his / her license reinstated. Revocation of license.

Is a complaint against a nursing license a violation of the nursing practice act?

In such cases, the Nursing Board may conclude that even if the allegations levied against a licensee are shown to the true, the conduct would not constitu te a violation of the state’ s Nurse Practice Act. Initial Review of a Complaint to the State Board of Nursing. At the outset, it is important to keep in mind that specific complaint procedures ...

What damages do you bring against a nursing home?

A party who brings a complaint against a nursing home will want to bring out all evidence of the losses or suffering that resulted from the nursing home's conduct, and should attempt to provide as much information on the following types of damages: 1) Necessary and reasonable medical expenses; 2) Actual past expenses for physician, hospital, ...

What are the damages awarded for a nursing home resident?

Monetary damages may be awarded for a nursing home resident's (or his or her survivor's) pain, suffering, disfigurement, and impaired enjoyment of life. These damages are awarded for both physical and mental pain. Mental suffering for which one may recover damages can include the following:

Can a nursing home be sued for disfigurement?

The elderly are entitled to damages for disfigurement caused by another. Disfigurement can include scars, amputation, hair loss, or any other injury that affects one's appearance. The dignity of senior citizens should be respected and preserved whenever possible, and if it is affected by a disfiguring injury, an appropriate complaint against the nursing home for monetary damages should be made.

Is nursing home abuse common?

It's a sad but true fact that nursing home abuse is actually quite common. But, as with any injury claim, the onus is on the plaintiff to actually prove an abuse claim. That is why it's crucial to get professional legal help. Get a head start on your case with an evaluation by a local injury attorney.

What happens if you can't afford a legal defense?

If you can't afford a legal defense, you may be forced into accepting a settlement agreement (also referred to sometimes as a "stipulation" or a "plea bargain") for some type of disciplinary action. Even if you only receive some small disciplinary action, this will be shown on your license forever.

Is it smart to not have professional liability insurance?

Failing to purchase professional liability insurance to protect your license is not very smart given how inexpensive it is. You have worked many years to obtain your professional license. You and your family have spent a great deal of money for your education to achieve it.

Can a nursing home have insurance?

A hospital will have insurance (or will self-insure) to cover itself, not you. A nursing home may have insurance to cover itself, not you. If you have a complaint filed against you with the Board of Nursing, it is very rare that your employer will pay ...

Can a BON lawyer give legal advice?

Furthermore, BON representatives are not able to give you legal advice on what to do. Even if you do speak with an attorney representing the BON, that attorney is not allowed by law to give you legal advice. Remember, the attorney representing the BON works for the state and is similar to a prosecutor.

Do you have to make a statement to a board of nursing?

Most states, Florida included, do not require you to make any statement to an investigator (or attorney) working on a Board of Nursing complaint, and we recommend that you not do so. In fact, under Florida law, your constitutional right ...

Does nursing malpractice insurance cover depositions?

If you have nursing malpractice insurance, your professional liability insurance will most probably pay for your legal defense of a complaint filed against you, for a subpoena sent to you or for any deposition you must give. The need for defense of a complaint filed against you with the state licensing agency occurs many times more frequently ...

State and Territorial Boards of Nursing: What Every Nurse Needs to Know

This brochure offers nurses an explanation of what boards of nursing (BONs) do for the profession and those who work in it. This brochure provides information regarding:

Your State Board of Nursing Works for You: A Health Care Consumer's Guide

Serves as a guide for consumers who have experienced or witnessed a nurse exhibiting unsafe, negligent or incompetent behavior

What does it mean when a school has a complaint?

When an incident occurs at school that gives rise to a complaint, it may concern violations of school policies, district policies, state laws or regulations, or even federal laws or regulations.

What to do if the state department of education isn't able to resolve your complaint to your satisfaction?

If the state department of education isn't able to resolve your complaint to your satisfaction, you may want to consider suing the school, or the school district, to find a remedy to the problem. An attorney who specializes in educational or discrimination law can further assess your case.

What happens if a school violates a student's rights?

If a school, or a school employee, violates a student's rights, either the student or the student's parent or guardian can file a complaint to protect those rights. Generally, you can start a complaint at the school itself, then move up the hier archy to your state's department of education if your complaint remains unresolved to your satisfaction. ...

What to do if you don't have a copy of the school handbook?

If you don't have a copy of the school handbook, check on the school's website. Students' or parents' rights organizations are also good sources of state and federal law that governs schools. Use these resources to determine possible laws that were violated as a result of the incident.

Does bullying violate civil rights?

For example, if your child is being bullied at school because of their race or ethnicity, that bullying potentially violates federal and state civil rights laws. Tip: You don't necessarily need a legal citation to a specific law, or even the exact title of the law, for your complaint.

Can you appeal a teacher's decision?

Keep in mind that typically, the teacher will also get a full copy of your complaint and have the opportunity to respond. There typically isn't any appeal if you don't agree with the agency's decision. However, in limited situations, you may be able to file a lawsuit against the teacher or the school where they work.

What happens if a school violates your admissions agreement?

If the school has violated your admissions agreement, you may have a claim for breach of contract and will need a contracts lawyer. The first step may be to speak to an education attorney and find out if she can help, or she can direct you to the appropriate type of attorney for the situation.

What is an education law attorney?

Education law attorneys typically handle such matters as student rights, student discipline, bullying, harassment and school governance; if your issues involve other types of problems, another type of lawyer may be appropriate.

What does a school district attorney do?

The school district will pay for the legal services directly without going through a law firm. Counsel hired by the district as general counsel usually handle daily legal questions, contractual issues and smaller lawsuits involving simpler laws, such as open records requests or procedural questions for school board meetings. However, these attorneys may also advise on more complex lawsuits, typically with the assistance of a firm or attorney separately hired for a specific lawsuit.

What is a union attorney?

In addition, union attorneys are frequently used in the course of negotiating a collective bargaining agreement. When the union and the school district are unable to reach agreement through negotiation or arbitration, the agreement occasionally proceeds to the courts, where a union attorney will represent the district's employees.

What to do if your child is being bullied?

For example, if your child has been injured on school premises, you may need to hire a personal injury lawyer. If you think your child is being bullied, has special needs that are not being met or is facing discriminatory practices or harassment from educators and other staff, you'll need an education lawyer.

Can a district hire a single attorney?

The district may hire a single attorney, or it may hire an entire law firm. A law firm, as opposed to a solo practicing attorney, holds the advantage of having many attorneys to draw on for expertise and having more resources to cover expenses.

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