Nursing License Defense: Surviving a Formal Board Complaint in Minnesota

In some cases, nursing professionals may have a formal complaint filed against them, but it’s possible to survive this complaint and avoid losing their professional licenses. Depending on the circumstances, there are ways to contest the complaint and retain a license.

The following are some steps to take to lessen the impact of a formal board complaint in Minnesota.

Things to Do Before the Investigation

After discovering that someone has filed a formal board complaint, it’s important to check to see if malpractice insurance coverage includes board investigations. Some insurers such as CPH & Associates and APA Insurance Trust offer this type of coverage. Otherwise, it may be best to change carriers to obtain this added protection.

Consulting with a  nursing license defense attorney and other professionals regarding record keeping, treatment plans, and other aspects of the case can help individuals prepare for when the board begins to investigate.

Above all, it’s important to keep good records, including those for treatment plans along with other documentation around ethical and clinical situations.

Taking Board Complaints Seriously

It’s important to take a formal board complaint seriously from the start to protect a medical license. This entails considering the deadline listed in the complaint. It is necessary to respond before the deadline to avoid potential issues. Failure to respond to a complaint before the deadline could lead to disciplinary action or sanctions in addition to decreased credibility.

If an individual is worried about exceeding the listed deadline, it may be possible to have the deadline extended with a formal request.

Developing an Effective Defense

One of the biggest mistakes nurses can make when presented with a formal board complaint in Minnesota is failing to contact a nursing license defense attorney. Before and during the investigation, it’s important to prepare a solid professional license defense to resolve the complaint. Attorneys who are experienced in this area can help protect individuals from losing their licenses by reviewing every aspect of the case and obtaining expert testimonies and reports.

Regardless of the situation, it’s possible to survive a formal board complaint by taking the proper steps to build a defense. By taking the complaint seriously and working to counter the complaint’s claims, individuals may be able to protect their licenses and reputations.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

A Santa Clara University study shows that over one million people in Minnesota have criminal records. In Minneapolis alone, 5,713 crimes are reported annually within an area of 100,000 residents. These criminal cases require the defendants to present evidence challenging the prosecutor's narrative. So, when does the defense present evidence in a criminal case? Your defense team presents evidence at the trial phase right after the prosecution team completes outlining the facts it intends to prove and how its evidence will prove you guilty.
Media attention and public scrutiny after conviction can hurt your personal and professional reputation, especially if your criminal case is high-profile. One of the questions you may ask is: How do I handle media attention and public scrutiny after conviction in Minnesota? You can do that by familiarizing yourself with your rights, having a witness present during a media interview, minimizing media consumption, and taking a break from social media. Building a strong support system and working closely with a criminal defense lawyer can help you handle or minimize the impact of public scrutiny.
The timeline for filing pre-trial motions in a criminal case in Minnesota varies with the type of motion. A motion related to the discovery of evidence or dismissal of a criminal case must be filed at least three days before the Omnibus Hearing. The prosecution is then allowed to respond to the motions, and the court sets the timeline for these responses.