I have a hearing in October with the board of registered nursing. should i get a lawyer? should i get malpractice insurance?

Back in 2013 while employed at Marina del Rey Hospital and working the night shift in the er there was an altercation. A pt came in via fd with complaint of being hit by a car. The man came in belligerent and cursing with the smell of alcohol on his breath, causing a ruckus. He was seated and triaged in a seat near the exit door. As i was escorting a lady out of the er this bully decided to confront me. Telling me that he worked for the secret service and he could kill me without anyone knowing. He chose to continue with threats and verbal abuses. i was attempting to de-escalate the situation by explaining to him that i want no part of his rage, when all of a sudden he "chest bumped" me, knocking my patient's chart to the floor. immediately to defend myself and not knowing what this violent person was capable of, i pushed him off of me. He fell backward and hit his head on the tile floor. This caused a laceration to the back of his head and blood on the floor. I got him up into a chair a wiped the blood from the floor. The md ordered a ct scan which came back negative and stapled the lac to his head. It was a very scary experience. Security at this facility is sluggish at best. I thought it was illegal for a customer to assault an rn at work. Pt called police and when they arrived i filed an assault report as did he. No arrests were made. The hospital terminated my employment. More than a year had past before the California BRN contacted me for a follow up. The family of the suspect filed a complaint with the BRN. Now the BRN officially wants my side under hearing coming this october 2015. To this date, I have not been sued. There are no actions against my license. I am fully capable and unrestricted from working anywhere in California

Nathan’s Answer

I second the opinion that dealing with this early on is very important. If the BRN is still investigating and has asked for statements, it is imperative you seek counsel, as counsel may be able to help frame the facts in a way that will diminish unprofessional conduct, assuming any can be perceived to have occurred. You may say things to a sworn investigator that hit a nerve even if you were acting within the proper framework of conduct imposed on you that might cause heightened scrutiny on your behavior. Please speak to an experienced administrative lawyer who can help take the weight of this matter off your chest from the legal perspective. Your license was not easy to gain, and it is better to pay an attorney now to try to intercept this case from going full blown than to pay much more down the road at an administrative hearing before an administrative law judge.

Reporting a PVP Attorney

I realize Attorney's don't 'rat' out Attorney's so I am assuming I won't get a lot of responses here. However, I am dealing with a PVP Attorney that is a muck! I'd rather not elaborate, but my question is whom do I report this to, to perhaps get another assigned to this ongoing Probate/Conserv case?

Thx!

Nathan’s Answer

There are attorneys who dedicate parts of their practice to going after malpracticing attorneys. However, many times, issues can be solved with simple communication. If you are not getting the communication you deserve, it may be helpful to retain another attorney to intercept his or her brethren before they run afoul of violating their fiduciary duties to client.

Can you file a Bar Complaint against an attorney who represented the other party?

I understand that some attorney's use tactics to gain favorable orders but if that attorney lies and commits perjury to do so can you file a bar complaint? This attorney has lied in order to gain orders without representing evidence. The attorney continues to state false accusations against me even to obtain orders which ultimately led me to loosing custody of my child. Can you file a bar complaint against them. Can you sue them? I know attorneys use tactics like this especially when they are getting paid alot of money, but not being ethical and just stating blatent lies, can I file a complaint?

Nathan’s Answer

You may file a State Bar complaint; if you have a thoroughly researched, meritorious and evidence based complaint, it may gain traction. The State Bar is aware that family law matters are highly contentious so your analysis would have to be spot on.

What can I do if a surgery center that I went to is harassing me over a copay I do not need to pay?

I got a epidural in my neck there. My insurance says I have no copay but they keep harassing me for this copay. I have 6 disabilities and don't work,so I can't afford to pay them even if I wanted to. My insurance apparently told them I have to pay, while all I'm hearing is that I do not have a copay.

Nathan’s Answer

It is key to handle everything in writing in instances such as this. It helps to use certified receipt, return receipt requested. You may want to contact the insurance company with a copy of the demand by the surgery center, and request that they abide by their representations to you that this is covered by them. If this becomes a collections issue, you may want to consult with a debt relief lawyer, and if the cost is large enough, and your request is not followed up on, you have evidence that you attempted to resolve this issue - and that may help down the road.

California State Bar Moral Character Application (passing the one year mark). Why are they taking so long?

I am 36 years old and a single father. I graduated last year from law school & passed the California Bar Exam. I submitted my moral character determination application the day it was available online which was last February 2014. I submitted the paper copy of the application with the credit, bankruptcy etc. forms a couple weeks after that. I don't have very good credit (mostly from years ago). I am still working on that. I had a bunch of unpaid tickets that I paid off before I started law school since I got a settlement from an accident. I had a bankruptcy from about 15 years ago that was dismissed (didn't go through with it). I have a checkered past but no criminal record and I have shown steady improvement. I also have letters from a judge and a professor to the bar. Will I be denied?

Nathan’s Answer

Congrats on passing the bar exam! You may be rightly proud. If you have a lot of sub-issues, your time for determination can be extended. There is no way to tell if you will be outright denied but chances are better for you the longer ago these issues were. Have you called the Bar to inquire? That would be a good starting point - but do not rely on anything anyone tells you as gospel unless it is in writing. If you are concerned the process is taking too long still, you may want counsel to speak on your behalf since too long of a delay starts becoming an issue.

Do I need to report to the board of nursing prior to my LVN license renewal, of a misdemeanor grand theft conviction ?

I am currently in pre-trial for a theft case regarding my previous employer ( I worked as a server in a restaurant ) . I just got a job as an LVN at a skilled nursing facility. I cannot express the amount of remorse I have for my past but that is besides the point. I know that upon renewal of my license next year I will have to report my conviction . But my question is , once I do get convicted , do I need to immediately report it to the board ? Or am I supposed to wait for when I renew my license. Also , if I do report it, will they immediately revoke my license and notify my employer ? Or will there be negotiating? So that I may continue practicing until I do get my license suspended .( and at that time I may leave my job honorably) I have not yet been convicted, but soon to be...

Nathan’s Answer

http://www.avvo.com/legal-answers/do-i-need-to-report-to-the-board-of-nursing-prior--2072573.html?answered=true Duplicate (answer repeated below)

Administrative bodies can inquire into criminal proceedings even if you eventually do not end up being convicted, or plea bargain to a lesser charge. It is incumbent upon you to find administrative counsel that can represent you or work with a criminal defense attorney to ensure you are properly framing whatever is going on in your criminal matter before the administrative board gets a handle on it. Once the administrative board opens its own investigation, it may pursue its own hearing to determine whether you should be suspended or have your license revoked.

How do i become a lawyer if my family doesnt have the funds to put me in a law school. i am very interested thanks in advance

i am interested in becoming a criminal lawyer

Nathan’s Answer

A time honored method is to score very high on the Law School Admissions Test and obtain a scholarship. To hold on to the scholarship, you will need to remain usually in the top percent of high scorers in your first year of law school. Best of luck!

My conflict attorney has 10years experience in juvenile dependency court cases

he is senior attorney at his law firm. He reported to me that within the ten years he has never seen a judge Grant custody back to the parents with a positive toxicology. He is telling me that he will let the judge know that I do NOT deny the substance abuse but will NOT submit to allegations of neglect. I have not "voluntarily" used drugs, I am homeless and I am exposed to street drugs given my living situation. I asked for referral to a residential treatment so that I may have my children with me, according to my drug assessment I am not qualified because I do not need help with substance abuse on a daily basis. Is my attorney making judgement? Is his experience to my advantage? Is he doubting my sobriety? Ability to win this case?

Nathan’s Answer

NO attorney can guarantee an outcome but they can tell you their experience. If you have not voluntarily used drugs, but drugs are in your system, a judge may use those findings against you - this is a high hurdle best overcome by ensuring you are free of substances in your system, from any source.

My atty forgot to file an SR1 and now I have a big ding in my driving record for driving without a license- i had ins and lic.

I was involved in an accident on 1/30/13 and the police report clearly indicates it was not my fault - but my atty forgot to file an SR1 or SR22 i dont know which one but now it is affecting my driving record on another note, my atty has not settled my case and i would like to find a new atty to take over

my child was in the car and was transported to Cedars and him and i went to physical therapy for a few months

Nathan’s Answer

If you are asking for an attorney you may use the search box to look for attorneys in your area. It would be wise to call 3 or so and get an idea of how they would handle your case for you before signing anything to see who the best for you would be.

Who do I ask for help if my state appointed isn't doing her job?

im going up against my 3rd false sexual abuse allegation . -common sense, if I haven't been arrested then it's only obvious "im innocent"!... My stepmother (whom I don't speak to) works for a dcfs mental health office . Being that she's tryna keep my kid as well as keeping me from seeing my daughter how do I find out who's coaching my daughter what to say if I can't discuss anything about the sexual allegations with her ? Totally unfair 

Nathan’s Answer

You may be able to ask the Public Defender's Office or the judge for new counsel if you feel the counsel you currently have is not adequately representing you. If your counsel is doing their job and it is just a communication problem, try to sort the communication problem out with your counsel since you might not get the option to change counsel after the 1st time.