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Can You Face Criminal Charges Related To Working As A Nurse?

Home FAQs Can You Face Criminal Charges Related To Working As A Nurse?

By Barbara Forshier on November 13th, 2025 in

Nursing can be a highly stressful profession. Pressure to do more with less staffing and resources can contribute to mistakes. If the mistake or the omission cause harm to a patient you can be charged criminally with negligence. At times allegations leading to complaints against your license are not even true and you must defend against false allegations.

If you are a nurse who has been accused of anything related to your nursing practice, it’s important to get in touch with a nursing license defense attorney as soon as possible. At Forshier Law, we can review the facts, build a case to defend you and advise on steps you can take to mitigate the outcome at the Board of Nursing.

How Allegations Against a Nurse Occur

Anyone can file a complaint with the Board of Nursing. False accusations against nurses can be the result of interpersonal conflicts in the workplace or even as retaliation from a failed relationship. Patient misunderstandings, charting errors, or coworker conflicts can all lead to a Board complaint. Often nurses neglect to accurately document the administration and waste of controlled substances. This can lead to allegations of drug diversion. Nurses must account for every drop or tablet of a controlled substance. The nurse should only waste with a witness who watches you dispose of the waste. Though the allegations of diversion may be false, you will still need to defend your nursing practices that led to the allegations. If a nurse admits to drug diversion, law enforcement will be notified and the nurse could face criminal drug charges.

Can a Nurse Go to Jail?

Yes. It is possible for a nurse to face criminal charges and potentially jail time if they have been convicted of patient abuse or neglect, and healthcare fraud. Forshier Law, LLC does not represent nurses in the criminal court, but we have worked alongside criminal attorneys to ensure your rights are protected and you have adequate legal representation.

Does a Criminal Conviction Require Intent?

Whether or not you are convicted will depend on the charges. Many charges require proof of intent. However, we have recently seen at least one case where a nurse was convicted of negligent homicide for a serious error that resulted in death. This was the case of RaDonda Vaught. This is very rare and has a chilling effect on anyone that wants to pursue this profession.

Potential Consequences of Discipline of Your Nursing License

Impacts on your license can include any of the following:

  • Suspension
  • Revocation of your nursing license
  • Harm to your professional reputation
  • Significant financial issues due to legal fees and job loss
  • Difficulty finding a future job

How a Nursing License Defense Attorney Protects You

If you have been accused of a crime or are facing criminal charges, it’s important to contact a criminal defense attorney immediately. In addition, you should also speak with a nursing license defense attorney to protect your professional license and ensure your rights are safeguarded before the Board of Nursing.

Attorney Barbara Forshier focuses the vast majority of her practice on nursing license defense. She is qualified to represent you before the Minnesota Board of Nursing and help you resolve or mitigate your issues. Having spent 40 years as an RN in a major Twin Cities hospital in addition to 17 years as an Attorney, Barbara understands how much nurses invest in their careers and how quickly an allegation leading to discipline can threaten their future.

Here’s how Forshier Law can help:

  • Protecting you from saying something that could harm your case: Clear and honest communication with the Board of Nursing is important. Forshier Law can advise you and help structure your defense. Do not post about the situation on social media or otherwise speak out before at least consulting with a nursing license defense lawyer when facing any allegations.
  • Bringing legal expertise to the table: Nursing license defense is a unique area of law called Administrative Law. Be sure to seek an attorney who specializes in this area of law. You wouldn’t choose a urologist to do your total joint replacement. The same holds true for law which is very specialized. Forshier Law specializes in defending nurses. It’s 99% of our practice.

Don’t Face Any Allegations Regarding Your Nursing License Alone

If you are facing a Board complaint, don’t do it alone. You have too much to lose. Even if the allegations are not true, you still must defend your license. Working with a criminal defense lawyer and a nursing license defense lawyer ensures that you have professional counsel by your side when facing allegations of wrongdoing. If you need help protecting your license and your career, contact Forshier Law.

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Forshier Law, LLC

4941 Olson Lake Trail
Lake Elmo, MN 55042

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  • Home
  • Meet Barbara
  • Practice Areas
    ▼
    • Nursing License Defense
      ▼
      • Burnout in Nursing
      • Compassion Fatigue in Nursing
      • Increased Workloads in Nursing
      • Protecting Your Nursing License During COVID-19
      • Risks to Your Nursing License
      • Short Staffing in Nursing
    • Disqualifications and Fair Hearings
      ▼
      • Crime or Conduct Defense
      • Maltreatment or Neglect Defense
      • Professional Boundary Violations
      • Drug Related Allegations
  • Resources
    ▼
    • FAQs
    • Our Blog
  • Reviews
  • Contact Us