Question

explain the case (please type) provide info about the literature

find a literature search to see if you can find case where a nurse faced both civil and administrative charge. were you able to find case where nurse was found guilty in a civil court but did not lose his or her license? did you find the opposite?

Answer 1

1st CASE: Nurse facing both civil and administrative charge but did not lose his license

When Caregivers Harm: Problem Nurses Stay on the Job as Patients Suffer

by Charles Ornstein and Tracy Weber, July 11, 2009, 5:17 a.m. EDT

Nurse Owen Jay Murphy Jr. twisted the jaw of one patient until he screamed.

He picked up another one – an elderly, frail man – by the shoulders, slammed him against a mattress and barked, "I said, 'Stay in bed.' "

He ignored the alarms on vital-sign monitors in the emergency room, shouted at co-workers and once hurled a thirsty patient's water jug against the wall, yelling, "How do you like your water now?" according to state records.

Murphy's fellow nurses at Kaiser Permanente Riverside Medical Center finally pleaded with their bosses for help. "They were afraid of him," a hospital spokesman said.

Under pressure, Murphy resigned in May 2005. Within days, Kaiser alerted California’s Board of Registered Nursing: This nurse is dangerous.

But the board didn't stop Murphy from working elsewhere, nor did it take steps over the next two years to warn potential employers of the complaints against him. In the meantime, Murphy was accused of assaulting patients at two nearby hospitals, leading to convictions for battery and inflicting pain, board and court records show.

Even Murphy, who has since taken classes to curb his anger, was surprised the board didn't step in earlier.

The nursing board is there to protect the public from me," he said in an interview.

2nd CASE: Nurse facing both civil and administrative charge & lose her license

Court of Appeals of Tennessee.

Jean Louise MILLER v. TENNESSEE BOARD OF NURSING.

No. M2005-02383-COA-R3-CV.

Decided: September 26, 2007

This appeal involves a disciplinary proceeding against a registered nurse.  After receiving a report that a registered nurse left her patients in a hospital's medical/surgical unit before the end of her shift, the Tennessee Board of Nursing commenced a contested case proceeding to discipline the nurse. Following the hearing, the Board ordered the nurse to pay a $1,000 civil penalty and also immediately suspended the nurse's license pending a psychological evaluation. The nurse sought judicial review of the Board's decision by the Chancery Court for Davidson County, and the trial court affirmed the Board's finding that the nurse had abandoned her patients, the assessment of the civil penalty, and the immediate suspension of the nurse's license. The nurse appealed. We have determined that the record contains substantial and material evidence that the nurse abandoned her patients and that the Board did not act arbitrarily by requiring the nurse to pay a $1,000 civil penalty. However, we have determined that the Board acted arbitrarily when it immediately suspended the nurse's license pending a psychological examination in the absence of any evidence or finding that the nurse was presently mentally unfit to practice nursing.