I am looking for an attorney who specializes in protecting a Nursing license from an agency who wants to place a complaint.
I recently called in sick to an agency Saturday and they seemed my call off unacceptable. I told them the reason ring was that I had body aches. I told them I don't feel good and that i always get sick when I get those kind of symptoms. So I didn't show up Sunday because I had already called off the day before. On Sunday around 12:30- the agency text me telling me that the family was looking for me. I told her I wasn't feeling well and had vomiting and diarrhea. So they said they are going to place a complaint under my license for not showing up and lack of courtesy for calling in. That the patient had no care. Saying they see me as a liability to any patient. Mind you I had called off the day before.
Nathan’s Answer
We all get sick but when one is licensed, they may be held to a higher standard. It's like if I'm due in court on a Wednesday and can't make it in so I call sick. Well if I'm due on Thursday morning as well, I shouldn't expect that my call on Wednesday will rectify it. I may have to call in on Wednesday too! When you are dealing with potential accusations of patient abandonment, it becomes too risky to not place the call and to help maybe find alternate coverage. The liability, even in a civil context, let alone administrative, is just way too high! If an investigator from your respective board calls you, it may be wise to obtain administrative counsel to help walk you and the investigator through what was hopefully a terrible misunderstanding. If you know that you always get sick when you get these kinds of symptoms, this is an admission that you were aware that in circumstances like this, you could not come in. That you failed to advise the entity or agency you work with that you would still not be coming in on a second day or shift can spell adverse effects for your license. Distinguished attorneys have given you their opinion that this might not be a big deal, but that it could be, and that there is concern for your lackadaisical attitude. If this is a reflection of the pathology of your affliction, you might get away with it, but it may be questioned and you might need legal preparation to respond appropriately.