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A nurse’s job involves more than just giving care; they also advocate for their patient’s well-being and promptly address any signs of deterioration. When nurses face accusations of negligence, a nurse attorney becomes a vital ally. A nursing license defense attorney can represent the nurses before the board, giving them advice and support through investigations or legal issues.

At the time of the initial incident, she was employed as an RN at a senior housing facility in Pasadena, Texas, and had been in that position for seven (7) years and seven (7) months.

On or about September 15, 2020, while employed as an RN at a senior housing facility in Pasadena, Texas, the RN failed to appropriately intervene when a patient was found to have an unstageable pressure ulcer on his left upper arm and elevated pulse into the 130s. RN left a message for the patient’s physician regarding the patient’s pulse and the availability of correct blood pressure medication in the home; there was no follow-up by RN regarding the patient’s condition. The patient’s guardian called to request nurse assistance on September 16, 2020, and September 24, 2020, and the RN directed the guardian to call the patient’s physician because he needed to see a doctor or to take him to the emergency room. The patient’s care was transferred to another service provider on October 1, 2020, and the patient was found to have eight wounds including the upper left arm wound.

Without consulting with an experienced nurse attorney, the RN responded and stated that she was called to see the patient on September 15th. When she assessed the patient, she noticed drainage on his shirt sleeve and discovered an unstageable pressure area. RN states that she instructed the patient’s guardian to keep the area clean and dry apply a dressing, and report any redness, increase in swelling, or change in color. RN stated that she instructed the guardian to call the physician to make an appointment for the patient to be evaluated. RN stated that the patient’s heart rate was 127, and she reviewed his home medication list, finding that he was supposed to be taking 75 mg of Metoprolol but only 50 mg tablets were found in the home. RN stated that after leaving the home, she placed a call to the physician to report a heart rate of 127 and report the medication discrepancy, though no orders were given at the time. RN stated that she received a call on September 16th from the guardian about the patient’s declining condition, and she once again instructed the guardian to call the physician’s office, and if she could not reach the physician then to take the patient to the emergency room. RN states that the guardian called again on September 24th and reported that the pressure area on the left upper arm was draining after she laid the patient on his left side, which was against medical advice provided by RN after the September 15th visit. RN states that she instructed the guardian on how to care for the wound, but the guardian refused to follow recommendations made by the nurse. RN took steps to ensure that the patient’s condition was well documented, and all responsible parties were promptly notified. RN acted within the bounds of her duties in delegating care tasks to the guardian when the patient’s doctor did not promptly respond. RN felt the Guardian’s failure to discharge her duties to the patient was the primary cause of any resulting complications. However, the RN recognized that more could have been done on her part to ensure the Guardian’s requisite compliance.

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)(D),(1)(M)&(3)(A) and 22 TEX. ADMIN. CODE §217.12 (1)(A),(1)(B)&(4).

The evidence against the RN was strong. At the same time, without the help of a nurse attorney, she was not able to properly defend her case in court. As a result, the Texas Board of Nursing placed her nursing license under disciplinary action.

How a nurse attorney can help?

Texas Board of Nursing states that a nurse may face disciplinary action if they violate the law while on duty. If the BON finds the nurse guilty of one or more violations, just like the nurse mentioned above, they could be fined or have their license suspended or revoked. Nursing lawyers could ensure that you can put your foot best forward allowing you to keep your license and continue working, no matter what circumstances you are in.

If you are subject to a Texas Board of Nursing accusation, now is the time to seek the assistance of a Texas nurse license defense attorney. When it comes to expertise and experience you can count on Texas Nurse Attorney Yong J. An. You can contact him at (832) 428-5679 for a consultation.