Case Result: IPN Evaluator Didn’t Base Recommendation for RN on Proper Clinical Assessment, Discrimination Alleged Due to Spinal Condition

Professional:
Registered Nurse

Primary issue:
Client is a RN who was referred to IPN when an employer drug test came back positive for prescribed medications. The RN had recently undergone spinal surgery and was set up to have another surgery in the near future. The RN evaluation with the IPN-approved evaluator who acknowledged that the RN had severe spinal issues justifying medications, but the evaluator still recommended that the RN be monitored and take no meds. The evaluator also diagnosed the RN with marijuana-use disorder based on the fact that the RN had a valid medical marijuana card and prescriptions.

Because of the cost of IPN, the RN could not afford surgery and had to forgo it. This also meant the RN’s spinal condition was worsening and the RN could not make use of validly prescribed medication despite insistence from the RN’s surgeons, primary care physician, and pain management physician. The RN dropped out of IPN and was reported to the Florida Department of Health (DOH) for impairment.

Argument:
With our help, we were able to argue that the evaluation was bogus and that the treatment recommendations were not based on a proper clinical assessment. We also argued that IPN was discriminating against the RN on the basis of the RN’s spinal condition, and that the evaluator was committing malpractice by recommending the RN forego pain medications against the recommendations of five other qualified physicians.

Result:
The case was dismissed by the Probable Cause Panel without any consequences on the RN’s license.

Areas of Law:
Healthcare Licensing
Professional Licensing Defense
Substance Abuse & Impaired Practitioners
Drug Diversion

Disclaimer:
This information is a sample of our past results. Prospective clients may not obtain the same or similar results. Every case is different and each case must be evaluated and handled on its own merits. The circumstances of your case may differ from the results provided. The information provided has not been reviewed or approved by the State Bar.