Unfortunately, patients can sometimes be dissatisfied with the nurses in charge of their care and may complain to the Board of Nursing. Receiving an envelope from the Maryland Board of Nursing (BON) with a Complaint can be daunting. How you respond may impact the outcome. Here are essential steps to take:
- Contact the Right People for Assistance. If you work within a practice group or a hospital system, notify your employer, the risk manager, or in-house counsel promptly. If you are an individual practitioner, notify your insurance company. Your employer and/or your insurance company likely will help you navigate this process. If you are not getting the assistance that you think you need, you might consider retaining an attorney on your own who can guide you through the process.
- Review the Complaint. Carefully review the complaint to understand the allegations. If appropriate, review the medical records related to the care. Gather any relevant documents or evidence.
- Respond promptly. You will typically have a short window of time for responding. If you need an extension, you should respectfully request a reasonable one. Prepare a written response addressing the allegations, providing your perspective and any supporting information. Be careful not to include any admissions that could harm your case and that may be used against you.
- Prepare for the Interview. After the initial response, the Board may request an interview. The interview is an essential part of a BON matter. The interview will be recorded. The interview is an opportunity to tell your side of the story and for the investigator to assess your demeanor and credibility. Often times, the interview is the most important part of the investigation. Therefore, good preparation is important. It is also important to maintain a professional demeanor during the interview.
The investigatory process can be lengthy and can take 1-2 years. At the end of the investigation, the investigator will submit a report to the BON, which will then vote on whether to dismiss, prosecute, or seek another form of resolution. If the BON decides to prosecute, there may be an opportunity to negotiate a settlement. If a complaint cannot be settled, there will be an evidentiary hearing, similar to a trial. The nurse will have the opportunity to present evidence, and the BON will present its evidence.
Being prepared and proactive at every stage can help improve the chances of a favorable outcome. Having experienced counsel can increase the likelihood of a positive outcome. Counsel who are familiar with the process and understand what issues concern the investigators can assist in drafting the written response and preparing for the interview in a way that presents the facts in the light most favorable to you.
If you need assistance in navigating a Maryland Board of Nursing complaint, contact Peggy Chu at pchu@gdldlaw.com. Peggy is a member of the firm’s Risk Management, Investigations, and Compliance group and a former Director of Risk Management at a large healthcare organization.
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