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Ensuring a prompt and appropriate response to patients’ symptoms and concerns is a fundamental responsibility of nurses, crucial for providing timely and effective healthcare. Nevertheless, a patient’s outcome can be seriously affected by cases of inadequate intervention and delayed consultation, which raises concerns about the nurse’s adherence to health care standards.  These incidents may result in an investigation of the actions of nurses and could affect their professional reputation. A nurse defense lawyer can provide a vital service to navigate complex procedures and protect nurses’ rights, making sure that an independent investigation takes place without undue interference with nursing professional practice.

A sample case scenario is provided for reference; the initial incident happened on or about the 23rd of October. 2020, while employed as an RN at a healthcare facility in Edinburg, Texas. The RN at this time had been in that position for three (3) years and seven (7) months. While employed in the position described above, the RN failed to appropriately intervene and/or consult with the physician immediately, when a patient called the clinic and reported constant, burning chest and back pain rated up to 7/10. Instead, the RN sent a routine message to the physician and scheduled an appointment for the patient on the 25th of October. Subsequently, the patient’s symptoms did not improve, and she went to the emergency department the same night, where she was assessed for a myocardial infarction or pulmonary embolism, and admitted for overnight observation. The RN’s conduct exposed the patient to a risk of harm from a delay in treatment needed to prevent further complications. 

In response to the above incident, the RN stated that she sent the telephone encounter to the patient’s physician and the nurse pool; unfortunately, nobody reviewed the encounter to give her any advice. The RN then admitted that she had just learned that the clinic’s quality care was for patient financial concerns. The role of a competent nurse defense lawyer is what’s needed to guide the involved participant in the nursing laws and regulations, as well as provide a deeper understanding for a fair and just assessment of the matter at hand. 

The above actions constitute grounds for disciplinary action under 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),(1)(P)&(3)(A) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B)&(4). Nonetheless, without enough evidence to prove her innocence, the RN lost the case. Which led to the decision of the Texas Board of Nursing to place her RN license under disciplinary action.

If you’re facing legal issues from the board, you need legal representation with a proven track record of success in handling similar cases. Attorney Yong J. An is committed to assisting you in exploring all available options to help you keep your license and continue working, no matter which industry you belong to. We’ll be with you to provide you with the support you need. Contact us now for a free legal consultation.