RaDonda Vaught Shares Advice for Nurses Before a Board of Nursing Investigation
Podcast Episode
In a recent episode of the Nurse Converse podcast, Maggie Ortiz speaks with RaDonda Vaught, a former nurse whose story has sparked widespread conversation about the legal and professional challenges nurses face. RaDonda Vaught’s case stemmed from a medication error on December 26, 2017, and continues to draw attention. Her story offers a valuable perspective on the realities nurses encounter when their state’s Board of Nursing and other legal entities conduct investigations.
The Three Legal Frameworks Nurses May Encounter
Nurses operate within a complex legal environment, one that includes administrative, civil, and criminal law. Each carries different implications and potential consequences.
- Administrative law governs nursing licensure and is enforced by state Boards of Nursing. These boards exist to protect public safety, but for many nurses, the process can be intimidating and difficult to navigate. Most complaints about nursing practice are handled through this route. In fact, nurses are around 90% more likely to face administrative action than civil lawsuits or criminal charges.
- Civil law deals with lawsuits between individuals or organizations, typically over monetary damages. In healthcare, this might involve a patient’s family suing a nurse following an adverse event, such as a medication error.
- Criminal law applies when an incident is considered a crime. If a nurse’s actions are viewed as criminally negligent or reckless, the result could be criminal prosecution and possibly jail time.
Understanding these legal distinctions is vital for nurses, especially since many are unaware of the differences until they become involved in a legal case.
Board of Nursing Investigation Process
After an incident such as a medication error, a nurse’s employer may file a report with the state’s Board of Nursing. From there, the process can move slowly. Although Vaught was terminated immediately, it took eight months before she was contacted by the Board. During that period, she was uncertain about her future and unable to move forward professionally.
When the Board finally reached out, they called her in for an interview with a nurse investigator. Like many nurses in her position, she went alone, not realizing how important legal representation could be. This lack of preparation is common, as nurses rarely receive training on the legal dimensions of their role and often don't think to seek counsel unless they’re facing criminal charges.
Barriers to a Fair Process
Administrative proceedings lack many of the protections people might expect from the legal system. While criminal defendants are entitled to due process, legal counsel, and full access to evidence, nurses under administrative investigation may not receive these rights. The Board may not reveal the exact allegations to the nurse or give them enough time to respond. In some states, the Board of Nursing can even investigate a nurse more than once for the same event.
This lack of transparency and consistency creates an environment where nurses often feel unprotected and unsure of how to defend themselves. The system, designed primarily to protect the public, can sometimes result in decisions that fail to consider the context in which a mistake occurred.
Consequences Beyond the Investigation
The outcomes of a Board investigation can be serious. Penalties range from reprimands and mandated education to suspension or permanent revocation of a nursing license. These decisions can have lasting effects on a nurse’s livelihood, reputation, and mental health.
Beyond the formal penalties, the emotional toll of being under investigation is profound, especially when nurses don’t receive clear information or support. Many nurses report feelings of isolation, anxiety, and professional shame. The stress can affect not only their career trajectory but also their personal lives.
A Need for Change
This situation points to the need for a more balanced and transparent approach. Nurses should have better access to legal education as part of their training and ongoing professional development. They should understand their rights, how to respond to investigations, and when to seek legal counsel.
There is also a need for greater accountability and fairness within the Boards of Nursing themselves. A system focused solely on public protection, without adequate safeguards for nurses, risks discouraging honest reporting of errors and undermining a culture of learning in healthcare.
Vaught’s experience makes it clear that reform is necessary—not just to protect individual nurses, but to support a system that values both patient safety and professional integrity.
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🤔Nurses, do you have any experience with Board of Nursing investigations? Share your stories in the comments below!
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