Case Study: Reducing a Board of Registered Nursing Professional Misconduct Settlement
Unlock Legal, an Orange County professional license defense firm, often works with nurses who find themselves facing allegations of professional misconduct. Last year, a registered nurse hired us to represent her when an Accusation alleging incompetence, and negligence was filed against her.
The nurse could have tried fighting the charges herself or take the offer that was given by the Board of Registered Nursing (BRN). The offer she received was standard: admit the charges, accept three years of probation with standard terms and conditions, and pay for cost recovery. But we knew we could get her a better deal.
Unlock Legal submitted a mitigation packet on the nurse’s behalf and negotiated with the Deputy Attorney General who was representing the BRN. Our client declined the offer and set the matter for hearing.
As the hearing approached, the Deputy Attorney General reopened negotiations to discuss the settlement. Two days before the hearing, we relayed an offer to our client that was too good to pass up: a Letter of Public Reproval with a class, soft admissions, and a 20% reduction in the cost recovery. Our client wanted to fight for her innocence at the hearing, but she realized that the offer on the table was acceptable when weighed against the uncertainty of the hearing results.
A Letter of Public Reproval, or Public Reprimand, is the lowest form of discipline in California. There is no probation and no restrictions on the nurse’s license. After three years, the Letter of Public Reproval is removed from the nurse’s record.
Getting soft admissions as part of the offer was also a win for us. Soft admissions mean that the nurse agrees that the charges, if proved at the hearing, could be true, but the nurse does not have to admit to the charges in the Accusation.
Lastly, cost recovery is the amount of money the BRN claims was spent on its investigation and trial preparation. The amount can sometimes be quite high, so a 20% reduction can make a significant difference.
We’re proud to be able to help defend the licenses of our clients, which come from a diverse range of career fields. Miranda McCroskey, Unlock Legal’s founder, has more than 20 years of experience as a criminal defense attorney is prepared to fight for your career. Contact Unlock Legal today or give us a call at your convenience at 949-268-2857 to speak with a professional about your case and your unique needs. You’ll find we are compassionate, easy to talk to, and willing to help in any capacity we can.
Unlock Legal provides focused representation in criminal defense and defense for California licensed professionals.