Case Result: Nurse Accused Of Diverting Narcotics Has Investigation Dismissed

Professional:
Registered Nurse (RN)

Primary Issue:
A Michigan nurse was terminated from her position at a prominent area hospital following allegations from the pharmacy that she had diverted narcotics. The hospital did an internal audit and terminated the nurse. The termination for drug diversion was reported to the state pursuant to the Public Health Code, and resulted in a state investigation. The nurse retained our attorneys to represent her.

Result:
The nurse explained the factual circumstances of her termination for drug diversion from the facility and the documentation process for removing, administering, and wasting of controlled substances. Attorney Robert Welch was able to assess the status of the State’s investigation and direct the investigator’s attention to major deficiencies in the investigation. Primarily, any alleged proof that the investigator claimed to have within the medical records and PYXIS reports substantiating allegations of drug diversion of narcotics and/or documentation errors were insufficient. Attorney Robert Welch successfully advocated on behalf the nurse at the investigation meeting. A few weeks later the nurse received a letter from the State of Michigan indicating that the allegations of drug diversion were insufficient to substantiate a violation of the public health code because there were no documentation errors or proof of drug diversion. Our client was vindicated and more importantly her nursing license is intact and without blemish.

Areas of Law:
Nursing License Defense
Drug Diversion
Nursing Standards of Practice

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.