Today I want to tell one of my favorite stories recently. I had a nurse come in and see me. She had a neglect allegation, which meant the job she has as a school nurse, would be no longer. The neglect allegation could jeopardize her beloved career as a school nurse. Pretty simple story. She took full complete ownership, and readily admitted she made a mistake. I consider it an honest mistake. She gave a child too much insulin.
It was the first time she’d have been at this school. She was filling in. Someone was sick. They called her in. First time she ever been at that school. She didn’t know the syringe, made a mistake, and called an ambulance to take the child to the hospital.
The DCF filed neglect allegations against her due to excessive insulin. However, we devised a strategic plan, and the client executed it successfully, ultimately resolving the situation.However, it’s important to acknowledge that achieving this can be quite challenging. Nonetheless, you must develop a solid strategy and formulate a well-thought-out plan in order to succeed. Without a doubt, tackling this task demands dedication and perseverance.
On the other hand, by having a clear roadmap and a set of actionable steps, you can significantly enhance your chances of reaching your goals. Furthermore, it’s worth noting that while the journey may be tough, the rewards are often well worth the effort. In addition, staying focused and maintaining a positive attitude can be instrumental in overcoming obstacles.In summary, despite the inherent difficulties, with the right approach and determination, you can navigate through the challenges and ultimately achieve success. DCF has always got a strategy, always got a plan.
They’re gonna support the allegation of neglect against you, boom, you’re done. Not so fast, so we filed for a Fair Hearing within 30 days and we got a Fair Hearing date and before that Fair Hearing date we marshal all the evidence and gave it to a doctor, and gave it to a nurse, and gave it to another expert, and various people look at and come up with was this really neglect or was this just simply an honest mistake?
I use a basketball euphemism no harm no foul and that’s what happened here. The doctor and the nurse as well as my expert said it’s an honest mistake. Anyone could have done this. Insulin is one of the most common missed administered type of medication out there. Happens all the time. All the research and journalism, national guides and journals, led us to believe it was an honest mistake. mere mortals. We got blemishes flaws and imperfections. That this was an honest mistake.
I sent it to the Area Director who called me late one afternoon on a Friday. On a Friday, she called me back, and I was thrilled; now, she didn’t have to read any of this. She agreed to disagree with me, and I assured her it’s okay; we can respectfully disagree, as mature individuals. However, I politely requested that she take a thorough look at all the detailed information I had provided, fully aware of her busy schedule.
I also made it clear that if she found a suitable moment, I would greatly appreciate it if she could get in touch with me on Monday. She called me back on Monday. Again she didn’t have to do that either, but she did. She said, Kevin I got one more thing I want to know about your client, has she ever had anything on her medical license an error on an admission or a mistake like she did here? And I instantaneously said no that I asked the same similar question in my first interview.
I said to her, “Let me do my due diligence because that was then, and this is now.” I want to make sure there’s nothing on her license. After I gather that information, I’ll send it to you. Then, you can take the necessary steps to do your due diligence, which I know you will at DCF. Your thorough investigation will help us follow up and determine if any mistakes were made by my client. So, we went ahead and conducted our due diligence. A few hours later, I received a response from the Area Director. Hallelujah. She says we’re gonna reverse the supported decision there will be no Fair Hearing and I was stunned.
DISCLAIMER
You find yourself in this situation, it’s advisable to seek legal representation from a qualified attorney, like those at the Law Office of Kevin Seaver, who can advocate for your rights and guide you through the complex process of a DCF investigation.
Remember that the ultimate goal of DCF is to ensure the safety and well-being of children while supporting families in crisis.
Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers.
Readers should not rely on this information as legal advice and should seek specific counsel from the attorney based on personal circumstances. Thank you.
Kevin Patrick Seaver is a Massachusetts DCF Defense Lawyer who represents parents against false child abuse allegations.
Massachusetts DCF Defense Lawyer Kevin Seaver has been successfully fighting false child abuse allegations since 1991.