Nurse accused of nursing home abuse.. help!! please..

[cant_not]

What is the name of your state? Kentucky

Hello,

I guess I could start out by stating my situation. I am a nurse (LPN). I was accused of patient abuse at a Long Term Care Facility that I worked at back in June. The charges brought against me were by some of the nurse aides that didn’t care much for me. They were totally false. The charges stem from one count physical abuse, and 5 counts verbal abuse; The physical abuse supposedly occurred by me “flicking” a resident on his nose–which in actuality I did not do. He was not alert at all, and I tapped him on his shoulder - to try to gain his attention, then I tapped his nose, and finally he responded. The verbal charges brought against me were for “putting” residents up to say inappropriate things. I really don’t know where this one came from as I do not recall (or was I ever asked about any of this.)

For standard procedure purposes the DON and the Administrator reported these allegations to social services, and they conducted an investigation. Followed by Social Services were inspectors from The Inspector Generals Office; and because these employs were clinging so tightly to the story that they had first told, The Inspector Generals Office also found me guilty.

I am currently employable and have absolutely no restrictions on my license whatsoever. I recieved a letter from the Inspector Generals Office today stating that I have 30 days to request a hearing for my own defense, or else my license/name would be placed on the Kentucky Nurse Abuse Registry. Also, the letter stated that all of these charges were in violation of 42 C.F.R. 488.301 I was told that an attorney was not required, but recommended.

Can anyone tell me what to expect? I can’t really afford an attorney at the moment, and I really do not want to loose my license. All these allegations are FALSE, and I really didn’t think it would come down to all of this. Should I go to this hearing? What should I do? I’m so scared.


PS

Also, I don’t know if this means anything at all. But when I was first confronted with these charges by the DON and the Administrator, they were TOTALLY different from what these charges are.

 

[ellencee]

What is the name of your state? Kentucky

Hello,

I guess I could start out by stating my situation. I am a nurse (LPN). I was accused of patient abuse at a Long Term Care Facility that I worked at back in June. The charges brought against me were by some of the nurse aides that didn’t care much for me. They were totally false. The charges stem from one count physical abuse, and 5 counts verbal abuse; The physical abuse supposedly occurred by me “flicking” a resident on his nose–which in actuality I did not do. He was not alert at all, and I tapped him on his shoulder - to try to gain his attention, then I tapped his nose, and finally he responded. The verbal charges brought against me were for “putting” residents up to say inappropriate things. I really don’t know where this one came from as I do not recall (or was I ever asked about any of this.)

For standard procedure purposes the DON and the Administrator reported these allegations to social services, and they conducted an investigation. Followed by Social Services were inspectors from The Inspector Generals Office; and because these employs were clinging so tightly to the story that they had first told, The Inspector Generals Office also found me guilty.

I am currently employable and have absolutely no restrictions on my license whatsoever. I recieved a letter from the Inspector Generals Office today stating that I have 30 days to request a hearing for my own defense, or else my license/name would be placed on the Kentucky Nurse Abuse Registry. Also, the letter stated that all of these charges were in violation of 42 C.F.R. 488.301 I was told that an attorney was not required, but recommended.

Can anyone tell me what to expect? I can’t really afford an attorney at the moment, and I really do not want to loose my license. All these allegations are FALSE, and I really didn’t think it would come down to all of this. Should I go to this hearing? What should I do? I’m so scared.


PS

Also, I don’t know if this means anything at all. But when I was first confronted with these charges by the DON and the Administrator, they were TOTALLY different from what these charges are.

You are six months late in asking for legal advice. You need a criminal law attorney at once. Most likely, your goose is way past cooked and all that's left is for you to be sued for damages.

I sincerely hope this is a school paper you are preparing and not a real scenario.

EC

 

[cant_not]

oh god...

Oh god I was hoping I wouldn’t get that kind of response. What should I do? I can show you the actual letter that I received, if it would help you understand my case better.

I never got an attorney in the begining because I didn’t think it would come to much.

Any advice? Anyone?

 

[rmet4nzkx]

If you have any malpractice insurance, now is the time to call them to represent you. The minute charges were alleged, while you still were employed, that was the moment when you needed to at least consult an attorney specializing in defending professionals at least in administrative law re your license. If you belong to any professional organization, then you need to look in their publications and find such an attorney or ask for a referral. You need to do this, now if you have access to a 24/7 number or Monday at the latest. If you don't respond to the administrative hearing you can pretty much kiss not only your nursing career goodbye but almost any employment in which you have any level of responsibility or they do a background check. The fact that you failed to appropriately respond to these serious charges suggests some lack of competency.

 

[cant_not]

....

See I was told directly by the lady at the Office of Inspector General’s Office that the only thing that this would affect would be my ability to work in Long Term Care in the future? I do not have malpractice insurance, the facility I was working at did not require you to have it, nor did they supply it. I just thought these charges were absurd, and I in no way thought I would be found guilty of them!

So I almost know that if I don’t respond to this hearing that I can say goodbye to nursing, but will it affect other fields? Like if I wanted to go into, lets say, pharmacy. Would this prevent me from being licensed?

Here’s the actual letter I received, I re-wrote it accordingly, and left out names and specific places :


Dear Mr. So.SO :

This is to notify you that the Cabinet for Health and Family Services, Office of Inspector General has investigated an allegation that you were responsible for the abuse of six residents at (I’ll leave the name and location of the facility blank.) It was determined that on separate occasions, you flicked a resident’s nose, told another resident she was pregnant in order to upset her and you told four residents to repeat inappropriate language. This is in violation of 42 C.F.R. 488.301. You may request a copy of the investigative report by writing (I’ll leave the name and address blank.)

It is the cabinet for Health and Family Services’ intention to enter the finding of abuse, neglect, or misappropriation into the Kentucky Nurse Abuse Registry when it becomes final.

You may appeal the Cabinet for Health and Family Services’ decision for placement of this finding by filing a written request for a hearing with Secretary (I’ll leave the name blank.)

This preliminary finding is considered final if you fail to file a written request for a hearing within the required time frame. Once you have filed an appeal, the Administrative Branch will contact you regarding the date and location of the hearing.

 

[rmet4nzkx]

You clearly need an attorney.

 

[ecmst12]

Malpractice insurance for nurses is VERY inexpensive, less then $100 per year, no reason not to get it. You should definitely pick it up as soon as possible, if you make it through these charges. For now, agreed, do what you need to do to obtain a lawyer immediately.

 

[cant_not]

..

Thanks for your replies everyone, I’m going to try to find an attorney first thing Monday
(hopefully one that will work on a sliding scale! LoL) I really didn’t think that this particular situation would result with all of this. I honestly thought the charges were somewhat absurd and right out ridiculous, and I was positive that they would be cleared.

So how much do you think it would take to hire an attorney for a case such as mine? Would it be hard to get an attorney to even take this case?

As for no longer having a career in nursing, I can live with that. I’m ready to get out. (I’m 21) been going to school for the past two years to get classes to work toward my RN (BSN) and from the way everything looks, I could probably transfer into the pre-pharmacy program here at the University. If I don’t get out of this mess with my nursing license, would this prevent me from being licensed as a pharmacist? Or any other health care practitioner?

 

[ecmst12]

I would think a black mark on your nursing license would make it difficult to get a job ANYWHERE in the healthcare industry.

 

[rmet4nzkx]

I would think a black mark on your nursing license would make it difficult to get a job ANYWHERE in the healthcare industry.

And a failure to pragmatically approach or comprehend the consequences suggests some lack of competency.

 

[ellencee]

See I was told directly by the lady at the Office of Inspector General’s Office that the only thing that this would affect would be my ability to work in Long Term Care in the future? I do not have malpractice insurance, the facility I was working at did not require you to have it, nor did they supply it. I just thought these charges were absurd, and I in no way thought I would be found guilty of them!

So I almost know that if I don’t respond to this hearing that I can say goodbye to nursing, but will it affect other fields? Like if I wanted to go into, lets say, pharmacy. Would this prevent me from being licensed?

Here’s the actual letter I received, I re-wrote it accordingly, and left out names and specific places :


Dear Mr. So.SO :

This is to notify you that the Cabinet for Health and Family Services, Office of Inspector General has investigated an allegation that you were responsible for the abuse of six residents at (I’ll leave the name and location of the facility blank.) It was determined that on separate occasions, you flicked a resident’s nose, told another resident she was pregnant in order to upset her and you told four residents to repeat inappropriate language. This is in violation of 42 C.F.R. 488.301. You may request a copy of the investigative report by writing (I’ll leave the name and address blank.)

It is the cabinet for Health and Family Services’ intention to enter the finding of abuse, neglect, or misappropriation into the Kentucky Nurse Abuse Registry when it becomes final.

You may appeal the Cabinet for Health and Family Services’ decision for placement of this finding by filing a written request for a hearing with Secretary (I’ll leave the name blank.)

This preliminary finding is considered final if you fail to file a written request for a hearing within the required time frame. Once you have filed an appeal, the Administrative Branch will contact you regarding the date and location of the hearing.

You need a criminal law defense attorney because you have been charged with a crime and found guilty without benefit of a trial or a hearing. You have the opportunity to file for a hearing/appeal and I suggest you take full advantage of the opportunity. Once this finding of fact is entered into your nursing record, you are subject to felony criminal charges brought on behalf of six nursing home residents. Do you not comprehend the severity of possible actions that can be taken against you?

Liability insurance would do you no good, not even with the benefit of the provided attorney; abuse is not covered in liability insurance. Crimes are not liability issues.

Contact your state's licensing board immediately and ask for the legal department. You should be able to gain some assistance from the legal department but not necessarily "free" legal representation. You may, however, be able to receive assistance in finding or find an attorney who can represent you if you contact the board's legal department.

Most likely, you are only in stage one of several legal hearings and in stage one of several charges of criminal activity (elder abuse, assault and battery, etc.).

The board of nursing will investigate these allegations and findings and will do so in a hearing, which is a true court of law. You will need a defense attorney.

If you are found guilty, you may not be barred from working in nursing or in being a pharmacist but you will be required to take classes and/or undergo counseling. Your license will be either suspended or revoked and you must comply with the board's corrective action plan or you will lose your current license and be prevented from being licensed by any other licensing board in all states.

Let me give you some pointers for your defense:

You are not a licensed professional.
You are not licensed to work unsupervised.
One or more RNs is responsible for your work product and your behavior while working as a licensed non-professional.
The behaviors you describe (and are accused of doing) are common behaviors in longterm care facilities and by lack of corrective action by supervisors are 'condoned' behaviors. Maybe you can claim that you were doing as you see others do.
Get out your books from LPN/LVN school and find the information on patient abuse; see if these behaviors were listed as abusive actions.

Call the board of nursing ASAP and hire a defense attorney ASAP; and take the facility and its professional staff down with you. I don't think for one minute that the professionals and the facility are innocent while you are solely guilty.

EC

 

[cant_not]

thanks..

ellencee,

Thank you so much for your response. I haven’t checked this thread in quiet a few days. I actually talked to an attorney, and she said from her understanding that there are no criminal charges, and none can be brought out this particular situation.

At this point I really don’t want to work in nursing anymore, but I would like to have my ‘name’ cleared. What will happen if I don’t go to this hearing? Can criminal charges really come out of this?

 

[ellencee]

ellencee,

Thank you so much for your response. I haven’t checked this thread in quiet a few days. I actually talked to an attorney, and she said from her understanding that there are no criminal charges, and none can be brought out this particular situation.

At this point I really don’t want to work in nursing anymore, but I would like to have my ‘name’ cleared. What will happen if I don’t go to this hearing? Can criminal charges really come out of this?

I think you need to protect yourself from any possible fallout from these accusations. Victims have the right to sue and elder abuse is a crime. I think you should speak with the legal department in your state's licensing board.

You must appear at this hearing; your reputation is in jeapordy. Go and take legal counsel with you or risk making matters worse.

EC

 

[traveler]

As a RN and someone who has done periodic chart reviews for breaches in standards of care for an attorney for years, I know the severity of the situation you are in. Others have said it and it's kind of a moot point now, but individual malpractice insurance is a must. Many nurses believe that they are covered under the policy of their employer not realizing that their employer will hang them out to dry to save themselves. Taking a policy now won't cover this, but will cover anything in the future. Do it now.

You have to get an attorney. You don't know the system. You say that you are innocent and did nothing wrong. At this point it is basically the words of the CNA's against you. Elder abuse is a very very hot topic these days. There could be other things at play here too within the facility. You have to get an attorney even if you need to take out a loan to pay for one. It is a decision you are going to have to make. If you are happy as a LPN and want to continue in that profession, the best bet for keeping your license is by using an attorney.

I know it's not easy what you are going through. One of the best things you can do right now is to keep working and doing a good job.

 

[nurse_nan]

I'm stunned

I cannot believe that someone would bring allegations of abuse against you and you would treat those allegations with such little regard. No matter what you decide to do with your future, respond to this situation like the threat to your livelihood that it is. This situation is already going to follow you. Now is the time to minimize the damage it will do.
Good Luck.