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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. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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