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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 32239
Experience:  JD, BBA, recognized by ABA for excellence.
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I received a public reprimand from the board of nursing (appeals

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I received a public reprimand from the board of nursing (appeals lost) because my employer hired non-certified aides and those who left the country and returned as another person. At the time of the inspection, I was only employed for three months and was not the director of nursing and not in charge of hiring or verifying licensure of staff. I am now reprimanded for improper delegation, professional misconduct, and violations of safety and welfare of patients. I have been a nurse for 20 years with no issues. Can I sue my company for this since I will no longer be desirable as an employee with this on my record? Loss of potential earnings?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

I am terribly sorry to hear of your difficult situation. Please note: (1) this is general information, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. There may be a delay between your follow ups and my replies as I review your responses and prepare your answer.

Were you aware of the employer's practices/violations while you were working for them?

Customer: replied 1 year ago.
I was not aware of any violations until a few weeks before the Inspection. I brought it to the attention of the owner immediately and was in the process of addressing the issue when the inspection occurred. I thought another employee over heard the conversation and turned them in.
Expert:  Tina replied 1 year ago.
I see. Thank you for the additional information, Lisa.

Did you have an attorney representing you in the proceedings against you before the board of nursing.
Customer: replied 1 year ago.
I do; however, those appeals have been exhausted. I am left with the final consent order being as stated above plus reporting to the National Healthcare Practitioner Database. She does not represent in civil matters only defense matters against board actions.
Expert:  Tina replied 1 year ago.

I see. Thank you for providing additional insight on your situation. Since you were not in a position of authority, it is surprising to me that the board would take such disciplinary action against you, especially when you were addressing the issue when you did discover it.

I have been looking for a theory of law on which to sue the employer. Courts are typically reluctant to impose liability on an employer in this type of situation, but these circumstances cry out for justice in my opinion.

The only line of cases that I have found which might aid you involves courts finding a medical provider liable based on a corporate negligence theory of law when they violate their own bylaws.This could provide you with grounds to pursue legal action against the employer on a theory of negligence, but you may have to argue for an extension of the law in your case.

If you wish to pursue such a claim, you would need to retain a local civil litigation attorney who is familiar with health law.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Note: Please feel free to request me if you have future legal questions by going to your “My Questions” page and clicking on “Request Tina again” next to my photo. I look forward to hearing from you again.



Customer: replied 1 year ago.
Does it help my case if I have written statements from my employer admitting that I was not at fault, another employee was in charge of the hiring process, and I had no knowledge of the uncertified aides? I got them to write me a letter for my appeal.
Expert:  Tina replied 1 year ago.
Hello again, Lisa.

Yes, that should benefit you and I would think should have benefited you before the board of nursing. I'm sorry that did not go your way. This may be an uphill battle--attempting to impose liability on the employer, but I do believe it is worth looking into further. If you retain a local attorney or paralegal, they will likely need to perform a couple of days research to see what your best legal arguments would be. It sounds as though you have favorable facts, but you need a solid theory of law, which may take some digging.
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 32239
Experience: JD, BBA, recognized by ABA for excellence.
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