My nursing license is being investigated, but the allegations against me are no big deal because nothing happened to the patient—and the incident happened three years ago. However, I haven't received anything from the board of nursing saying that the investigation has been closed. Should I sue the board to get them to close it?

A ruling of negligence in a malpractice lawsuit requires that an injury occur. In administrative/regulatory actions, there is no injury requirement. Nursing boards are more concerned with the nursing process, not the end result. Also, there is generally a two-year statute of limitations for malpractice lawsuits, but not for administrative actions. Unless the nursing board notifies you that your case has been closed, it remains open. I'd advise you not to sue the board.

TARALYNN MACKAY, RN, JD

The views and opinions expressed by RN's consulting attorneys are for general educational purposes and are not intended to take the place of specific legal advice, for which readers need to consult a personal attorney.