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Substance Abuse By Medical Providers

January 7, 2025
Substance Abuse Matters
Sometimes, nurses and other medical workers face accusations by their employers for using illegal substances. At times, the allegations are true. However, if you have been accused of this kind of activity and know that you have not engaged in any type of behavior involving illegal substances, then you should talk to an attorney who can offer assistance.

An attorney can offer assistance to nurses and other medical professionals who have been accused of using substances while they are supposed to be taking care of patients. Employees who have tested positive for various substances can contact an attorney to get help so that they don’t lose their job or so that they don’t have to spend time in jail if at all possible. One of the defenses that can be used and that is often the situation among many employees is that they are tired from working long hours and appear to be using illegal substances when they are simply too consumed with sleep deprivation in order to function as they should. Sometimes, a positive drug screen is seen because of using substances that aren’t illegal but that aren’t prescription medications.

As soon as substance abuse matters arise, the employee should consult with an attorney in order to collect all of the proper documentation that would be in support of the employee. The employee should avoid talking to other medical professionals as well as friends or family members about the issue before going to court for the charges that are in place. Most of the time, substance abuse allegations are put on a faster track since they do involve the health of the worker as well as the person’s employment. Most employers will often suspend the employee until the final details are presented in court and a final decision has been made by a judge. Most cases are heard within about 45 days of being charged with the allegations.

If the employee can show that there was no use of substances, then the charges will usually be dismissed with the employee being able to go back to work. However, if there is a suspicion that substances were used, then the employee’s license will likely be suspended while the trial takes place. While the license is suspended, the employee won’t be able to work in any medical capacity that involves the use of the license.

Even if there is a suspicion that the employee has been using substances, there’s often a way that an attorney can keep the license active until a decision is made in court instead of allowing other parties to make a determination of suspension. If the employee has not been using any kind of substances while on the job and has no reason to test positive for substances, then more urinary samples could be ordered to show that there is not an indication of substance abuse. Witnesses and other details can be shown in court as evidence that the employee is innocent as well. An attorney would be in the best interest of the employee in order to show this information instead of trying to put a case together alone.

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Todd Spodek

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

Associate Attorney

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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