Contact Attorney Gaudet now to build a complete legal defense.
Wouldn’t you want a lawyer who is a nurse, rather than one who does not have medical knowledge, as your defense lawyer?
Attorney Gaudet is a registered nurse, and respiratory therapist and has worked both in clinical settings and in administrative and managerial capacities throughout his medical career. Now a defense attorney, he is primed to provide insightful, experience-based defense against a complaint filed with any of the Massachusetts administrative boards; i.e., the Board of Nursing, Social Workers, Board of Registration in Medicine, et. al.
What are the Steps in any Complaint before the Board in Massachusetts?
The First Step in a Board Complaint before a Massachusetts Disciplinary Board
The first step thing that happens to a nurse, physician, social worker or other professional is that they receive a compliant filed with the respective board; i.e., the Board of Nursing, Social Workers, Board of Registration in Medicine, etc. Upon receipt of such a letter, many are inclined to immediately respond to the Board without legal representation, assuming that by explaining their position to the Board representative, that person, understanding that they have entered into a helping profession and are not in any way seeking to create problems or difficulties with their clients or patients which might result in a complaint filed against them, will be entirely understanding and reasonable.
Knowledge is Power: A Board Complaint is sent to an investigator at the Board of Nursing, Social Workers, Board of Registration in Medicine, etc. The job of that Board investigator is to comb through the complaint and determine if there is cause to move the case up to a prosecuting attorney at the Board. The Board investigator is not in the business of being fair or reasonable. If you think about this for a minute, they can’t be as either party to a complaint may not be telling the truth, telling half-truths, omitting information, etc. So, a Nursing Board investigator, for example, must approach each case with a clean slate, focusing on both building a case against the person whom the complaint was filed against, and building a case against the person filing the complaint. If the investigator believes evidence is sufficient to support moving the case up the chain to a prosecuting attorney they will do so. So, the bottom line is, never speak to a Board investigator without speaking first to an attorney who can advise you as to what to expect from the interaction, and ideally discuss how to most advantageously and truthfully answer any questions posed during such a meeting.
Filing an Answer to the Complaint with a Board of Nursing, Social Workers, Board of Registration in Medicine, et. al
The Second Step in a Board Complaint before a Massachusetts Disciplinary Board – The Answer to the Complaint
Filing an answer to the complaint must typically be done within 21 days of receipt of the complaint. By the way, most complaint notices require the recipient to notify the Board within 10 days of receipt of the Board Complaint if they intend to be represented by an attorney.
The answer to the Board Complaint itself should be well crafted in that, much like the answer to any civil complaint in a District or Superior Court in Massachusetts, the answer addresses each and every aspect of the complaint. Those answers could be a simple denial, or provide an explanation (sometimes know as an affirmative defense if the explanation provides information that clearly rebuts the allegation). While a nurse, social worker, or physician might argue that a lawyer would be an inappropriate choice to draft such a response, and therefore, be tempted to draft the answer themselves…consider this. Attorney Gaudet is a registered nurse and a respiratory therapist with acute care, long-term care, and administrative significant experience in these fields. Moreover, he is a lawyer. Should you choose to work with a lawyer such as Attorney Gaudet, you will not only have the benefit of someone who intimately understands various aspects of your profession, you will also have someone who knows what the Board will be assessing in the answers you provide them. Bottom Line: Hire an experienced, competent attorney to drat the answer to any Board Complaint.
The Board of Nursing, Social Worker or Registration in Medicine Investigation
The Third Step in a Board Complaint – The Investigation by a Massachusetts Disciplinary Board
During this step, the Board of Nursing, Social Workers, Board of Registration in Medicine, investigator explores both the complaint and the answer for accuracy, truthfulness, completeness, etc. The investigator also may wish to interview you via telephone (again, always have an attorney with you for this interview). The investigation stage is long, sometimes taking months or even over a year in some cases. Typically, the investigation involves waiting, frustratingly, without hearing from the Board,
Keep in mind that in cases involving drug diversion by a nurse, doctor, or other healthcare professional in Massachusetts, the Board may create a referral to the FDA, DEA, or other agencies. Similarly, if a complaint is filed against you, and you are approached by a representative from one of these agencies, you will want to contact a competent attorney prior to speaking with any of these individuals.
The Board of Nursing, Social Worker or Registration in Medicine Discovery Phase
The Fourth Step in a Board Complaint in Massachusetts – the Discovery Phase
During the discovery phase, you will want to work with your attorney to consider the following key components to building and defending your case.
- Expert Witnesses – An expert witness can be invaluable, if the issues in the complaint require one. Consult with your attorney to make such a determination. The downside of an expert witness can be the expense associated with one, however, there are times where you can do without the expert witness; again, consult an attorney.
- Other Witnesses – Often, co-workers or other witnesses are invaluable and should be vetted in this stage as they may offer information that would be supporting of your case or even contradict evidence offered by the Complainant.
- Discovery – Obtaining Information from Other Sources – Sometimes information is available such as medical records, or other documents that can be useful in your case. Consult with your attorney to make determinations as to the admissibility and usefulness of such information.
The Board of Nursing, Social Worker or Registration in Medicine – Initial Determination
The Fifth Step in a Board Complaint in Massachusetts – the Initial Determination
During this step in the Massachusetts Board of Nursing, Social Workers, Board of Registration in Medicine, the Board decides whether there is sufficient evidence to move the case forward to a prosecuting attorney. Again, this the fact that this step will occur is something to contemplate immediately upon receipt of a complaint against you; be very aware that the evidence you provide to the Board – whether that evidence is a verbal response to a phone interview, or via an answer to the complaint, etc., should be reviewed in detail by your attorney.
At the determination stage, the case with either be dropped – you will receive a letter in the mail indicating as such, or the case will be forwarded to the prosecuting attorney.
The Board of Nursing, Social Worker or Registration in Medicine – Order to Show Cause
The Sixth Step, Responding to the Order to Show Cause
In Massachusetts, where a complaint against a nurse, physician, social worker or other professional where Board oversight is applicable, an Order to Show Cause will be generated along with a list of questions which are meant to generate further detailed responses to the Complaint.
Again, how you respond to this step is critical as you will want to be sure to work closely with your attorney, providing clear, and consistent answers to your questions.
The Board of Nursing, Social Worker or Registration in Medicine – Status or Pre-Hearing Conference
The Seventh Step, Attending the Status or Pre-Hearing Conference
The purpose of the prehearing or status conference in a Board of Nursing, Social Worker or Physician Complaint before the Board is to determine when the hearing will occur and what the issues are for which the Board is seeking discipline. Also, this will be your chance for your attorney to offer their theory of the case as to why disciplinary actions ought not be placed on you.
The Board of Nursing, Social Worker or Registration in Medicine – The Hearing
The Hearing before the Board of Nursing, Registration in Medicine, or Social Worker
A hearing in Massachusetts before a Board is typically a one-day event, held in person. Witnesses, documentation, and other evidence can be presented in support of your affirmative defenses, or to counter allegations made against you by the Complainant, and the admissibility and usefulness of that evidence should be discussed with your attorney prior to the hearing date.
The hearing before a Massachusetts disciplinary Board works much like a hearing in civil court where evidence is submitted to the magistrate by both sides to the Complaint. Attorney’s for both sides, for the Board of Nursing, Social Worker, or Registration in Medicine, for example, have opportunities to present evidence, question witnesses, and the like. Your attorney will work with you to prepare you for what will happen in this hearing.
The Board of Nursing, Social Worker or Registration in Medicine – Negotiation
A Quick Word about Negotiation in Board Complaints in Massachusetts
Negotiation is an option, typically beginning around Step 5, when the Board makes an initial determination. If you are in agreement, you may want to negotiate or stipulate to receiving some level of discipline, or if that is not possible, you may wish to go straight into a hearing. This is a conversation to be had with your attorney.
DISCLAIMER: The information provided in the pages and posts of this website are for general informational purposes only. The information presented on this site is not legal advice, and no attorney-client relationship is formed by the use of this site.