Introduction to Complaints Against Massachusetts Nurses
What do you do when you receive a letter from the Massachusetts Board of Registration of Nursing informing you that you have violated some aspect of the ethical code of conduct, or worse, done something in your care of patients that someone considers serious enough to file a complaint?
The answer to the above question is simple. Don’t panic. While I have never had to face this specific situation during my nursing or respiratory therapy careers, I have seen this exact scenario, or a remarkably similar version of this scenario play out in nurses’ lives. I’ve also represented many nurses, social workers and other professionals who’ve experienced the fear of receiving notice that they would be facing an investigation from the Board of Registration in Nursing.
The second thought I have about what to do when you receive a complaint and notification of an investigation by the Massachusetts Board of Registration in Nursing is to hire counsel immediately. Why? Because a complaint soon turns into an investigation, which in the end may or may not result in discipline by the Board of Nursing, license suspension, or even license revocation. Obviously, the consequences just mentioned are serious. It is advisable to have someone by your side who understands the investigatory, disciplinary, and if necessary, the appeals process in Massachusetts.
Typical Massachusetts Board of Nursing Complaints in Massachusetts
While a complaint filed with the Massachusetts Board of Nursing may take many forms, there are some common types of complaints which nurses experience.
Professional Misconduct. What constitutes professional conduct can be anyone’s guess and is often an umbrella term which encompasses all kinds of behavior. However, professional misconduct may refer to a nurse engaging in malpractice or negligence stemming from a failure to meet the required standard of care or hospital policy, for example. Additionally, medication and treatment errors are another common form of professional misconduct.
Substance Abuse. A nurse who is experiencing a substance abuse issue is exposed to a great deal of personal and professional liability. Substance abuse may rise to the level of negligence or even malpractice, or may be present in a lesser form which, although not causing harm to anyone, may be the source of a Board of Nursing Complaint.
HIPPA and PHI Violations. A breach of HIPPA or releasing protected health information (PHI) is another common trigger for a complaint to the Board of Nursing in Massachusetts. Such violations are easy to make in a busy hospital or nursing home and can be one of the most frustrating aspects of working in the nursing field. After all, most nurses enter the profession innocently thinking about helping people, not protecting their own backsides from error.
The Complaint Process in Massachusetts for Nurses Facing a Complaint Through the Board of Nursing
Receiving a Complaint from the Board of Nursing in Massachusetts.
If you are on the receiving end of a complaint from the Board of Nursing in Massachusetts you will be given time (as explained in the complaint) to file a response. If there is any point at which hiring an attorney is critical…. this point would be it. Attorneys are trained and practiced, particularly if they have trial experience, in how to answer questions without answering more than the question. Most people, when they are facing a complaint from the Board of Nursing, panic. The first reaction is to immediately write a lengthy, emotional response to the complaint because they innocently believe that doing so will result in the other side reviewing it and agreeing with them. Unfortunately, the Board of Nursing complaint process is an adversarial process…meaning, the investigator will be looking for trouble, and if you provide it in the answer, well…there you go. The key is to fashion an answer to the nursing complaint that is both truthful and limited to only the necessary information that you have to provide to the Board of Nursing. As a former nurse who understands deeply what nurses go through on a day to day, moment to moment basis, I can help.
The Investigation by the Board of Nursing in Massachusetts.
The next step after receiving a complaint and filing an answer to the complaint is to wait. During this waiting period, the investigation by the Board of Nursing will begin. The investigators job is to evaluate the complaint, evaluate your answer, and interview parties, review documentation, and perform other tasks aimed at either deciding the nursing complaint has no merit and can be thrown out, or that the complaint should be forwarded to the Prosecutor’s Office and further steps taken.
The investigation is perhaps the most nerve-wracking part of the process as it is largely a waiting game. Here, an experienced attorney is crucial in helping you figure out what evidence you may have to counter the complaint by the BON, and in evaluating how serious each aspect of the complaint really is – which in the end may provide some peace of mind as to what the likely outcome of the Board of Nursing investigation is likely to be.
Responding to a Complaint Filed with the Board of Nursing in Massachusetts
If you’ve made it this far in this article, you probably realize that I’m suggesting that you contact my office at 978 273 8337 and have a discussion with me as to next steps. Still, moving forward, and during the investigatory phase of the Nursing Complaint process in Massachusetts you should be gathering the evidence which you may have used in your answer to the complaint. Each aspect of the complaint against you must be addressed. Ideally, you will have evidence which demonstrates that you did not do whatever it is that the complaint alleges you have done.
I always advise my clients when responding to a nursing complaint to always maintain your professionalism, no matter how offended, rightfully angry, or afraid you are. Don’t let them see you sweat!
Remedial Efforts During the Complaint Process
Sometimes, it is advisable to begin remedial work prior to being disciplined. For example, it may be appropriate to immediately enroll in a drug treatment program, where that is a specific allegation against a nurse. When the allegation in a nursing complaint is clear and unavoidable, it is often wise to get help ahead of time – by that I mean before the Board of Nursing has taken disciplinary action. Doing so may help mitigate the degree of any forthcoming discipline. Still, and with every case, I would advise a Massachusetts nurse facing a complaint by the Board of Nursing to contact my office at 978 273 8337immediately upon receipt of a complaint against them.
In Conclusion
As a nurse practicing in Massachusetts, you provide a necessary service to Massachusetts residents. Nurses can make a difference in the lives of their patients. What is horrible, but a reality, is that a nurse may be on the receiving end of a Board of Nursing complaint which affects their livelihood, their peace of mind, etc., etc.
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.
