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 means 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
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 us today by calling us at 949-268-2857 or by sending us an email here.