Help this Nurse with her Legal Fees

A Nurse Fighting for Her Rights and Yours

 

**If you are a healthcare provider, please take the time to read and share**

 

In New Mexico, under the guise of “good faith reporting," anyone can accuse a nurse of misconduct with no substantial evidence required. That’s right: if an accuser says the allegations are true and states that the report is made without malice or consideration of personal benefit, the allegations alone will trigger a Board of Nursing investigation that can cost the accused tens of thousands of dollars to defend against. In addition, the presumption of innocence is not granted to the accused. Instead, the accuser’s word is taken at face value while the accused is regarded guilty until she proves her innocence. This issue is particularly troubling because it facilitates false claims, with no one held accountable for the falsehoods.

 

As you read this, you may be thinking that "this is incredible; this cannot be true and cannot happen to me." But you would be wrong: It can and does happen to hundreds of nurses in New Mexico every year.

 

Crystal Miller, RN, has been caught up in this unfair system for over two years. Even though she disputes the allegations, she has been advised to negotiate a guilty plea on several occasions because it is widely believed that the odds of prevailing against a Board Action are slim to zero. Crystal has courageously decided not to plead guilty to offenses she did not commit, even at the peril of financial ruin. Her fight has not been an easy one. The process has been psychologically exhausting. Furthermore, in this age of risk-averse hospitals, the unsubstantiated allegations of wrongdoing have been enough to result in her losing work, making it difficult for her to afford to fight back. Her bills continue mounting, yet she is determined not to allow her accusers or intimidation to prevail.

 

She needs your help. She has already spent tens of thousands of dollars defending herself. Still, the New Mexico Board of Nursing uses its considerable financial resources (your taxpayer dollars) to drive up the cost of mounting a defense with the intent to force the accused to settle. Most nurses don’t have the resources to fight back. Those who do and are eventually exonerated may nevertheless find themselves bankrupted by the process.

 

You can change this unjust system by contributing to her legal fund. Your dollars will allow her attorney to depose witnesses, gather the evidence needed to impugn the falsehoods, and confront her false accusers. When she wins, this case will set a precedent to hold accusers accountable, force them to follow their chain of command, and obligate the Board of Nursing to follow the law and not prosecute an innocent party without both due cause and solid evidence.

 

All nurses deserve a fair system and a fair defense. Every dollar matters- please give today!