Reviewed by Paul E. Walker
Key Takeaways
- OPD, not OPMC, handles nurses: Complaints against nurses go to the State Education Department’s Office of Professional Discipline.
- Misconduct goes beyond patient care errors: Impairment, substance abuse, and criminal convictions can all lead to discipline.
- Act early: Address workplace investigations and OPD letters with a lawyer before they escalate.
Sometimes, health care professionals are accused of misconduct, whether it be by their patients, colleagues, or the facility they work for. Commonly, nurses are included in this list of health care professionals who get put up against disciplinary action. Follow along to find out the common instances of nursing misconduct and how one of the proficient New York health care professional defense lawyers at Walker Medical Law can come to your aid if you are ever faced with these allegations.
What Are Examples of Commonly Reported Nursing Misconduct in New York?
As a nurse, there is an established standard of care that you must follow and that you owe to your patients. So if you breach this standard of care or you otherwise deviate from the standard course of treatment, a patient may accuse you of misconduct. This is especially true if a patient has proof that they were harmed or incurred damages as a direct result of your actions.
Nonetheless, below are examples of commonly reported nursing misconduct in New York:
- A nurse fails to monitor a patient’s condition properly.
- A nurse fails to administer a patient’s medication properly.
- A nurse fails to give a patient the correct medicine or the correct dosage of a medicine.
- A nurse fails to respond to a patient’s emergency or call a physician for assistance when necessary.
- A nurse fails to file, update, or otherwise properly analyze patient reports.
- A nurse fails to ensure that all medical equipment is working properly before tending to a patient.
- A nurse injures a patient or otherwise exhibits neglectful behavior (e.g., fails to feed a patient).
Under Education Law § 6509, misconduct also includes practicing while impaired, habitual substance abuse, criminal convictions, and repeated negligence.
What Should I Do if I am Accused of Nursing Misconduct in New York?
Accusations of nursing misconduct in New York often come as a complaint to the Department of Education’s Office of Professional Discipline (OPD), which oversees nurses, while the Department of Health’s Office of Professional Medical Conduct (OPMC) handles physicians and physician assistants instead.
With this, an investigation may be conducted against you, and you may even have to testify at a hearing. And, in the worst-case scenario, you may become permanently barred from practicing nursing.
With that being said, as soon as you receive a letter from the OPD, you must immediately retain the services of a talented healthcare misconduct defense attorney. We recommend that you do not go through these investigations and meetings alone, as they are far more complicated than they may appear. And you should not do anything to jeopardize your chances of maintaining your nursing license. Our medical law firm has decades of experience handling cases just like yours, so please pick up the phone and give us a call today.
How Does the OPD Process Work?
Misconduct is a licensing matter that is handled separately from the malpractice suits that proceed through the courts and insurers. In accordance with Education Law § 6510, OPD is required to investigate each misconduct complaint while keeping the files confidential. Minor matters can end with a confidential administrative warning; others lead to formal charges and a potential hearing. Workplace discipline can also be reported to the state, so you should address hospital investigations early. For more information on lawsuits, please see our post on nurse negligence claims.
Contact Our Experienced New York Professional Defense Firm
If you are a nurse facing allegations of misconduct in New York, it’s critical to connect with an experienced attorney at Walker Medical Law. Our firm understands how complicated these matters can be to navigate, which is why we will do everything in our power to fight for the best possible outcome. Contact our firm today to learn how we can represent you.
