Legal Question in Legal Ethics in Louisiana

I am a registered nurse in the state of louisiana who started a unique healthcare company in 2010 with the financial help of one of my patients. This patient was put on the board of directors in order to donate legally. This patient is a business owner and still actively involved in his own business transactions. Recently his daughter sent in a complaint to the state board of nursing after she secretly went into his home and went through his checkbook. I am being accused of violation of nurse practice act. After getting an attorney it was felt that it would define the patients role in the company better if I made him an official business partner so the attorney drew up the operating agreement and we both signed and notarized it. Later it was determined by the board that it was ok for him to donate as a member of the board, but now they are alleging a new allegation of violation of the nurse practice act by entering into a business transaction with the patient. My question is shouldn't my attorney have made me aware that entering into this business transaction would be a violation of the nurse practice act?


Asked on 3/27/11, 4:06 am

1 Answer from Attorneys
Martha Amanda Mandi Lucas Mandie Seale Lucas

If the purpose of your retaining/hiring the attorney was to legally include your business partner in the LLC, then there should have been discussion of the Nurse Practice Act. You as a nurse should be or should have made yourself familiar with this Act. Both you and the attorney will be held to a higher standard than the ordinary person. However, you can make a complaint to the Louisina Attorney Disciplinary Board and they will investigate the matter and make a determination as to an ethical violation by the attorney.

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Answered on 3/28/11, 7:17 am


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