Nurses play a vital role in ensuring the well-being of patients, especially when it comes to implementing and following through with physician orders, particularly those that involve life-saving measures. However, in complex and distressing situations, nurses may face legal and professional challenges. That’s where a nurse attorney becomes essential in supporting nurses. By seeking the expertise of a nurse attorney, nurses can proactively address legal challenges, protect their careers, and contribute to maintaining the highest standards of patient care within the healthcare system. An incident highlighted below will help us discover the importance of the legal representation of a nurse defense attorney.
Incident Scenario that Happened at a Healthcare Facility
On or about January 5, 2021, while employed as an LVN at a healthcare facility in Harlingen, Texas, LVN failed to implement an order for supplemental oxygen for a patient, who was diagnosed with COVID-19. The patient did not receive supplemental oxygen during LVN’s shift from 2pm-10pm. The following morning, the patient was found in respiratory distress, with an oxygen saturation level of 70%. Oxygen was administered by nursing staff at that time, and 911 was called at 10:47 am. Subsequently, the patient was pronounced deceased when emergency medical services arrived to transport the patient to the hospital. LVN’s conduct was likely to injure the patient from adverse effects due to a lack of respiratory support, including respiratory distress and acute respiratory failure.
LVNs Side of the Story
Without any hesitation, the LVN responded and did not seek advice from a nurse license defense attorney. The LVN stated that she was on an emergency assignment at the healthcare facility, and it was supposed to be for a non-COVID-19 unit. LVN states that on the date in question, she received a report from the patient and was made aware that she had tested positive for COVID-19 and was to be moved to a COVID-19 unit. After rounding and receiving the report, LVN stated that she noticed that orders for several patients were pending from the previous 6am-2pm shift. Additionally, she stated that she took it upon herself to activate those pending orders and then asked several of her colleagues to help in finding the oxygen supplies needed as LVN was unfamiliar with the facility. LVN mentioned that she notified a supervisor that multiple orders from the earlier shift were left pending, and about the need for oxygen supplies. LVN states that she was told that there were no oxygen supplies. LVN stated that throughout her shift, she made rounds and took note of the patient’s oxygen saturation, and at no time did she show any signs of being in respiratory distress or shortness of breath. LVN stated that at the end of her shift, she did rounds with the night shift nurse and the patient again did not show any signs of respiratory distress.
The Texas Board of Nursing (BON) Disciplinary Action
The above action constitutes grounds for disciplinary action in accordance with Section 301.452(b)(10)&(13) Texas Occupations Code and is a violation of 22 TEX ADMIN. CODE §217.11(1)(A),(1)(B),(1)(M)&(2)(A) and 22 TEX. ADMIN. CODE §217.12 (1)(A),(1)(B)&(4).
Because of this, the LVN was summoned by the Texas Board of Nursing to defend her side, but the LVN failed to hire a nurse attorney to help her with her case and without proper defense, the Texas Board of Nursing then decided to place her LVN license under disciplinary action.
Don’t wait until it’s too late – act now to protect your rights and your future.
If you have recently received a letter from the Texas Board of Nursing regarding a case or complaint filed against you, you must take immediate action by seeking the assistance of a nurse attorney. With the help of a knowledgeable and experienced legal professional, you can equip yourself with the tools and expertise necessary to achieve a successful outcome. Texas Nurse Defense Attorney Yong J. An is one of those dedicated nurse attorneys who represented more than 600 nurse cases over the past 18 years. Contact Attorney Yong J. An 24/7 through text or call at (832) 428-5679 for a free legal consultation regarding any accusations from the Texas BON.