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Yes, you can and should. The issue here is really what is being found and turned over to the licensing agency and not an employment issue. As such, it would be better to have an attorney involved in the investigation from the beginning.
As an example of why. if there are witnesses being interviewed it is important that they be interviewed in a way that promotes receiving a complete, honest answer and not one that is the result of a biased or leading questions.
Another reason is so that when and if materials are turned into the licensing agency the attorney can turn in materials as well that may state something other than what the investigator wants to demonstrate.
It seems that many times the employee is set up to take the fall so the employer/company does not. Since this can be true the company's investigator may have a conflict of interest and therefore you need someone fighting for you from the very beginning.
Your best way to find a lawyer is to go to www.lawyers.com and look for one who does civil litigation or administrative law, both would have the skill set, and then make some calls to see if they can assist. You can also look to see if there are any that defend nurses before the licensing board since they would also be familiar with HIPAA and the skill sets would be the same.
The method I just gave you would be the most effective way to find representation.
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Best wishes to you! Be sure and come back and let me know how it turns out!
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