Berry v. National Medical Services, Inc.

In my view, reinstating Berry’s negligence action is an injustice to these defendants and the voluntary rehabilitation programs with which they contract. If plaintiff truly felt aggrieved by the rehabilitation program procedures offered by the Kansas State Board of Nursing, she had significant due process rights available administratively to protect her nursing license from erroneous testing results. Her decisions to abandon those due process rights and quit the Board’s rehabilitation program are what resulted in the loss of her nursing license. This underscores that her claimed injuries are…