An experienced and skilled nurse attorney has surely helped a lot of RNs and LVNs when it comes to cases that may lead toward disciplinary action. Unfortunately, not all nurses were able to hire a nurse attorney as they underwent such cases. This incident that the RN from El Paso committed on October 18, 2012, was one of those examples.

On or about the said date, the RN was accused of hanging up the phone when a patient called. She was also accused of not contacting the transferring hospital’s pharmacist. The pharmacist approved both orders, and the patient was transferred to the nursing home, where she was given the medication. For the first evening and full day of her stay at the nursing facility, the patient was documented as being alert and oriented.

On the second day, the RN assigned on her found her in bed without vital signs and attempted to resuscitate her without success. She was pronounced dead, and an autopsy found that the cause of death was morphine intoxication. 


The distraught family of the patient sought the legal advice who told them that he believed that they had a good case and filed a medical malpractice lawsuit, naming the defendants including the RN on duty during the time of the incident.

During the trial, the RN defender herself by stating that she had acted appropriately and did not violate the standard of care owed to the patient, stating that she had recognized the potential problem and notified the nursing home not to accept the patient until the issue had been resolved.

The RN believed she had every reason to believe that she could have the lawsuit dismissed against her. Unfortunately, this did not prove to be the situation. Although the defense attorney filed a motion to dismiss the lawsuit against the RN, the court denied the motion, and the case proceeded to trial. 


The following incident and defense against the case caused the Texas Board of Nursing to place the RN and her license into disciplinary proceedings. She would have sought assistance from a good nurse attorney to provide clarifications towards the case.

If you’ve ever done any errors or misdemeanor outside or during your shift as an RN or LVN, and you wish to preserve your career and your license, an experienced nurse attorney is what you need. Nurse Attorney Yong J. An, an experienced nurse attorney for various licensing cases for 14 years, can assist you by contacting him at (832) 428-5679.