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Nurses-turned-attorneys have unique insight

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Indiana Lawyer Focus

Attorney Lorie Brown says nurses may not understand the many rules that affect their licenses. A mistake on the job or failure to disclose a prior disciplinary action – even something as innocuous as a reprimand for being tardy – could lead to suspension or revocation of their licenses.

Brown was a nurse for 12 years before becoming a lawyer. Now, she hopes to help nurses avoid some of the common mistakes that could land them in litigation.

lorie brown Lorie Brown has combined her skills as an attorney with her knowledge of the nursing profession to create the Nurse Protection Association. (IL photo/Perry Reichanadter)

“Ultimately, I want to be a voice for nurses,” Brown said, adding that in the health care industry, nurses are “80 percent of the workforce but have zero percent of the power.”

A resource

Brown used to represent nurses in hearings before the state nursing board, but she quickly realized that many nurses cannot afford to hire an attorney. So two years ago, she created the Nurse Protection Association. Members pay a fee – between $15 and $30 monthly or $147 to $297 yearly, depending on their current professional status – which goes into a fund that enables Brown to offer legal advice to all members without charging a retainer. The association’s approximately 100 members share equally in paying for legal services.

Between Jan. 1 and Feb. 2, Brown said 32 complaints against nurses had already been filed with the Office of the Indiana Attorney General.

In the past, nurses primarily ran into trouble due to misappropriating medication, Brown said. And a quick glance at nurse complaints on the Indiana Professional Licensing Board’s webpage shows that trend has continued. But often, Brown also finds that nurses make mistakes when filling out applications to renew their licenses.

“Nurses don’t understand the laws that regulate their practice. For example, on the license renewal form the nurse has to fill out every two years, a question specifically says: Have you been disciplined and terminated in your capacity as a registered nurse in the past two years,” she said. Answering that incorrectly constitutes material misrepresentation, Brown said.

Other problems may arise when nursing staffs are stretched too thin to appropriately meet the needs of patients.

Staffing shortages

Wilson Kehoe Winingham attorney Kelly Scanlan was a nurse before she became an attorney, and she said one of the hardest parts of her job in health care was not being able to count on having the proper resources.

She thought nurses were being asked “to do more with less” and that patients – and nurses’ licenses – could be in jeopardy as a result. When she became an attorney, she realized that hunch was correct.

“Working under short-staffed conditions or maybe not having the supplies you need all the time is dangerous,” Scanlan said. “What I realized is that nurses aren’t really focused on protecting their licenses – they are focused on caring for their patients and doing more with less.”

Staffing shortages also forced nurses to take on a lot of administrative work, Scanlan said. She saw the focus shift from patients to paperwork, as harried nurses tried to communicate from shift to shift what each patient needed.

“I don’t know if anybody ever asked me if mom was bonding with baby,” she said. “Good bonding and patient care between patient and nurse really gets lost in the shuffle when you have to keep up with all of that.”

Attorney Lara Engelking is also a former nurse. She is managing partner of Engelking Law Group and is the director of health care litigation services for Caitlin Morgan Insurance Services. In that role, she has become familiar with problems inherent in some nursing homes.

“Sometimes, regulatory agencies cite facilities for things that affect a particular nurse, and then she needs some type of licensure counseling,” Engelking said. “Nurses definitely need to be conscious of the environment they’re working in.”

Scanlan said that in any work environment where nurses struggle with demands caused by inadequate staffing, they must be especially vigilant.

“I think when it comes to some of these things that require corner-cutting, nurses say, I just don’t have any choice,” she said.

A natural connection

The professions of nursing and law share some similarities, and that’s why Scanlan, Brown and Engelking easily transitioned from one occupation to the other.

Scanlan said people depend on nurses and attorneys to help guide them through unfamiliar situations.

“Just the knowledge helps put people at ease so much, and that’s true in nursing and in being at attorney,” she said.

The two professions also can involve stressful situations that contribute to substance abuse problems, which may in turn lead to disciplinary actions for nurses or attorneys. Just like the Judges and Lawyers Assistance Program helps lawyers handle problems with addiction, the Indiana State Nurses Assistance Program can help nurses regain control of their lives so they can continue working.

“Nurses suffer from stress and burnout just like attorneys do,” Brown said. Unlike JLAP, however, she said ISNAP’s focus is solely on substance abuse. She would like to see more efforts to help nurses with psychological concerns.

Brown hopes that by providing information to members of the Nurse Protection Association, she can help them avoid some of the pitfalls of the profession. Her website features articles and news that she feels nurses need to know, and will soon feature interactive user forums, where nurses can engage in discussion.

“Everybody knows a nurse, and nurses are the most trusted profession, so if we can get the word out to help them, that’s what I want,” Brown said.•
 

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  • RN
    I am experience nurse of 11 years and work on an IMCU with kidney and heart problems. Very stressful floor and now we turned to computers it is even more stressful. I have Multiple Sclersis and the stress is awlful to my disease. I have short term FMLA which I believe can help a lot of nurses that are in the same situation. I feel though I get the worst patients on the floor while others get less. I constantly running around while others are sitting. I suffer from chonic fatique so I'm always tired but my patients love me. Thank for listening Frankie.

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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