The life of a nurse is a constant cycle of high-stakes environments and unpredictable patient interactions. Despite the chaos you handle daily, a single event can lead to professional scrutiny.
What do you do when you receive a subpoena or a notice of a board investigation?
Find a good lawyer.
First of all, hiring a lawyer does not mean you are accepting guilt; it’s a way to protect yourself and your license. Just as you wouldn’t expect a patient to perform their own surgery, you shouldn't attempt to navigate the complexities of administrative or civil law without expert guidance.
Finding legal representation for nurses is about ensuring that the facts of what really happened are accurate and that your rights are protected. In this guide, find a map to specialized legal counsel for nurses.
When “doing your best” isn't enough
It’s a hard pill to swallow, but you can be the most diligent, compassionate, and skilled nurse on the floor and still find yourself in a legal crosshair. An infinity of situations could cause you legal problems:
- A single charting error
- A misunderstood interaction with a “difficult” patient
- A systemic failure at your facility
What can you do if you are in a complex legal situation?
The first 24 hours after a board notice
If you’ve just been served or notified of an investigation, your adrenaline is likely redlining.
Before you pick up the phone or send an emotional email, follow these 5 steps instead:
- Breathe (and don’t resign): Fear can make you want to quit to escape the stress. But that would be a knee-jerk reaction, and this is not the moment to make an impulsive career move. Unless told otherwise, continue in your job, because resigning during an investigation can be interpreted as an admission of wrongdoing.
- Silence is golden: One of the most critical rules to follow after any legal problem is to stay silent. Avoid calling the board investigator, HR, or your nurse manager to clear things up without counsel. Anything you say may be used against you.
- Check your insurance: Dig out your professional liability policy. Many nurses don't realize that their malpractice insurance often includes a legal defense trigger that covers some or all of your attorney’s fees for board actions.
- Secure personal notes: If you kept a personal log of the incident (which should never be kept in the patient chart), find it and keep it safe. However, do not attempt to log back into the facility’s electronic health record (EHR) once you are under investigation. Unauthorized access to a chart after the fact is usually a separate, often fireable offense.
- Start the search: Most boards only give you a narrow window—often 14 to 30 days—to respond to a complaint. Don't waste a single day and start with legal help.
Identify the lawyer you need
Find a lawyer who specializes in your needs.
License defense lawyer
This is the most common need for nurses. License defense lawyers specialize in handling nursing board hearings. They understand the standard of care and the administrative rules that govern your license.
This is the expert you need if you are being investigated for:
- Documentation gaps
- Medication errors
- Allegations of substance abuse
Medical malpractice defense
A nursing malpractice attorney focuses on civil lawsuits in which a patient or their family seeks monetary damages for perceived harm.
While your facility’s legal team might represent you, it is often wise to have your own nurse legal advisor to ensure your interests don't conflict with the hospital's.
Employment law
If you’ve been fired for whistleblowing, faced discrimination in the workplace, or are dealing with a contract dispute, a nurse employment lawyer is your best bet.
Nurse attorneys (RN-JDs)
A nurse attorney is someone who is both a registered nurse and a juris doctor, and this is your ultimate ally.
They don’t need you to explain how nursing works, or why a nursing discharge note was written a certain way; they’ve lived it.
Where to find high-quality representation
Okay, now you know what kind of lawyer you need. So, how can you find a nurse lawyer?
- Your insurance carrier: If you have private malpractice insurance, call them first. They often have a pre-vetted network of attorneys for nursing issues who specialize in license defense.
- The American Association of Nurse Attorneys (TAANA): This directory can help you find nurse attorneys.
- State Bar Association: Visit your state’s bar website and use filters for "administrative law" or "professional regulation,” depending on what you need.
- Peer networks: While you should remain discreet about the details of your case, asking a trusted mentor if they know a good nurse attorney for legal challenges might really help you.
Vetting your attorney
Once you have a list of options, schedule a nurse lawyer consultation. Most offer a brief initial meeting at no cost or for a nominal fee. Ask specific questions without fear during this first consultation:
- What percentage of your practice is dedicated to nursing license defense? You don't want a generalist who spends most of their time on traffic tickets or divorces.
- What is your history with our state's board of nursing members? It’s preferable to have a lawyer who has already dealt with your board of nursing.
- What are the potential outcomes? Be wary of anyone who promises an immediate dismissal. You want an attorney who gives you a range of possibilities, from a letter of concern to a suspension, based on the evidence.
- How do you bill? Do they charge a flat fee for board responses, or an hourly rate? Ensure you understand their retainer process.
Red flags to watch for
Be careful when a lawyer presents one of these red flags:
- Guarantees: If they promise the board will drop the case before they’ve even seen the evidence, it’s best to get other opinions.
- Generalism: If they mostly do personal injury or traffic tickets, they aren't equipped for the complexity of nursing standards of care.
- Ghosting: If it takes them 3 days to return a call when they are trying to get you as a client, you can infer they will likely be difficult to reach during the investigation as well.
The cost of being unprotected
Nurses often hesitate to hire a lawyer because of the cost.
However, consider this: a legal fee might cost a few thousand dollars, but the loss of your nursing license means losing:
- Your license
- Your degree
- Your livelihood (your entire salary)
- Your future earning potential
Choosing a lawyer as a nurse is an investment in your career. You worked too hard to let a single incident or a bureaucratic misunderstanding take them away.
Avoid legal problems as a nurse
Many healthcare professionals end up in a legal crisis. However, you can try to avoid these kinds of problems. Take these preventive measures:
- Defensive documentation (FACT): Always ensure your notes are Factual, Accurate, Complete, and Timely. If it isn't charted, it didn't happen; if it is charted incorrectly, it’s a liability.
- The empathy shield: It sounds simple, but patients are significantly less likely to sue nurses they like and trust. Building rapport isn't just good care; it’s a legal safety net.
- Know your scope: Especially as a PRN nurse, never perform a task just because “that's how we do it here.” If it’s outside the scope of your license, don't do it.
- Social media hygiene: Never post on social media about patients. Even if you don't use names, a description can be enough to identify them, leading to a HIPAA violation and a board investigation.
- Professional boundaries: Avoid dual relationships and maintain professional boundaries to avoid disciplinary actions.
You are worth the defense
Receiving a notice from the board or a lawyer is one of the most stressful events in a clinician's life. It can feel like a personal failure, but it is not. Think of a lawyer as a tool available to protect the career you love.
If your license does get suspended, you may be able to have it reinstated. Learn about nurse board disciplinary actions and the path back to work.
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