Nurse combats false allegations and seeks legal recourse

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A registered nurse sent me a question about her situation where her ex-boyfriend made her lose her job and reported false allegations against her to the board of nursing.

She said the board determined the allegations to be false and did not act against her after her investigation was completed. She wondered what legal recourse she now has against the ex-boyfriend.

It is unfortunate to hear that false claims against a nurse can have such devastating results. While it is not known what the allegations were against this RN, there are guidelines that could help you if you ever find yourself in a similar situation.

Don’t neglect your employer’s grievance policy

As I have pointed out in other blogs, when you are made redundant for any reason, it is important to grieve that termination through your employer’s grievance process if that allows you to challenge an issue. dismissal.

It is essential to do this honestly and to provide facts and any evidence you can produce.

If you have a good working record, use your personal record in the procedure. This record can also be used in legal matters, including board nursing procedures.

In this case of AI, the grievance is vital because the allegations were false. Not challenging them gives them credit.

Not mourning false employment accusations (especially when it comes to an ex-boyfriend) that may or may not concern your professional practice is perilous.

You can be sure that board members will ask why the claims were not disputed if they are false.

Possible remedies against false allegations by an accuser 1) State Nurse Practice Act and Rules

One promising legal course of action against someone who reports false accusations to a board of nurses falls under the nursing practice law itself.

Look for a provision in your law governing reporting to the board. Its content would indicate something to the effect that anyone who relates to advice is doing so in good faith and that good faith is presumed.

If a report is made under this precondition, the reporting person is exempt from any civil or criminal liability as a result of the report.

Good faith, also known as good faith, is legally defined in several ways, including precisely, honestly, legitimately and without malice towards others.

Given that the accusations of ex-boyfriends were ruled false by the Board of Registered Nurses, there is a real possibility that his reporting was not done in good faith.

This nurse’s next step would be to seek legal advice from a nurse lawyer or attorney to determine whether a criminal or civil case could be brought against the ex-boyfriend.

It is important to note that it would need to overcome the presumption of good faith accorded to it with the evidence that a criminal or civil court would consider in deciding on the report.

One fact that might be useful in a criminal or civil case would be the grievance process and the documents she used to grieve the termination, even though the grievance was not resolved in her favor.

The acts of nursing providing this protection and any remedies available for a bad faith report may vary from state to state.

2) Filing of a civil case for defamation of character

A second promising cause of action against the ex-boyfriend or someone who falsely reported claims against you would be a civil libel suit.

Defamation includes two offenses: defamation (in writing) and slander (spoken). It is not known how the ex-boyfriend shared his false allegations with the employer of the registered nurses or the board of nursing. In both cases, the defamation is based on damage to his reputation and reputation.

In this case of registered nurses, it is assumed that everything that was said or written about her was related to her profession as a registered nurse. As such, the law treats sharing as defamation in itself and insult in itself. The RN would not be required to prove damages resulting from false statements.

Rather, damages are presumed and can include compensatory, special, punitive and exemplary damages.

It’s unclear whether any of these possible options will be or have been explored by AI. One thing is certain, like you, she should seek legal advice and representation as soon as possible when false allegations are passed on to another and those allegations damage your good reputation and reputation in your profession.

Take these courses to learn more about protecting yourself and patients:

Protect Yourself: Know Your Nurse Practice Act (1 hr contact) Nurses have an obligation to stay abreast of current issues related to the regulation of nursing practice not only in their respective states, but also across the country. Nurses have a duty to patients to practice in a safe, competent and responsible manner. This requires licensed nurses to practice in accordance with their state’s laws and regulations. This course provides information on nursing practice laws and their impact on nursing practice.

Everyday Ethics for Nurses (7.3 contact hours) This course provides an overview of bioethics as it applies to healthcare and nursing in the United States. The course explains the elements of ethical decision making as they apply to both patient care and ethics committees. The course concludes with an overview of the ethical challenges associated with physician-assisted suicide, organ transplantation and genetic testing.

HIPAA and confidentiality: the practice can change, but the principles endure (1 hour of contact) Because you play a key role in the production of health information, you play a key role in its protection.

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