Thursday, March 6, 2008

Justice for a Nurse

Back in December I posted a message about the Texas Board of Nursing Investigator who refused to obtain documents that would help show my client's innocence in a case. I had to request a subpoena in order to get the needed documents and when I received the records and reviewed them---the records support exactly what my client said happened!!! The issue is that if the investigator was being non-biased and fair, she would have obtained the records when requested rather than having me request a subpoena to obtain the information. This situation makes me worry about nurses that do not know to hire an attorney and when faced with similar circumstances, give in and accept discipline when they are in fact, innocent.

I also want to point out that my experience with this investigator is not universal at the Texas BON. I have dealt with several investigators over the years, including one today, that are extremely helpful in obtaining information that the nurse needs. They understand that their role is to be open to both sides of the story and to obtain all necessary information prior to forming an opinion. They truly investigate a case. But, until the BON makes all investigators adhere to a non-bias, fact finding method of investigation, the potential remains for an innocent nurse to be wrongly disciplined.