The Firm recently defended the license of a Florida APRN client accused of “sexual misconduct” under Chapter 456, Fla. Stat. A patient who presented to the clinic with complaints of shortness of breath and chest palpitations accused the APRN of making “inappropriate” comments and alleged that he inappropriately touched her in the course of using the stethoscope to examine her lungs and heartbeat. The patient also reported to the Department of Health that the APRN was terminated by the clinic where he worked after she complained to the clinic.

The Firm investigated the matter and demonstrated that the facts and underlying records proved that the APRN treated the patient appropriately and asked medically relevant questions based on her complaints, and that the care was in strict accordance with all proper procedures and protocols.  Additionally, contrary to what the patient reported to the Department, the client had not been terminated from his job at the clinic. Upon consideration of the facts, as well as Nicholson & Eastin’s response on behalf of the client, the Board of Nursing Probable Cause Panel determined that probable cause of a violation does not exist and directed that the case be closed.

The attorneys of Nicholson & Eastin routinely represent nurses in connection with Florida Board of Nursing investigations and complaints. If you need assistance responding to a Florida Board of Nursing investigation or complaint, please do not hesitate to contact us to evaluate your case