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Being a nurse is not just about taking care of patients, but also creating a safe and comfortable environment for them and their visitors. In situations where a nurse is accused of using excessive force or facing allegations related to interactions with patients or visitors, a nurse license defense attorney can help them out. They can help in investigating the incident objectively, considering factors such as hospital policies, patient rights, and nurses’ rights. In such challenging circumstances, a nurse attorney plays a big role in safeguarding the interests of the nurse involved. When it comes to healthcare providers and patients, trust is built on accurate and compassionate care, and the role of a nurse attorney is crucial in maintaining this trust.

Removing a Visitor Unnecessarily from a Patient’s Room

On or about September 27, 2021, while employed as an RN at a hospital in McKinney, Texas, the RN used excessive force to physically remove a patient’s visitor from the patient’s room. Furthermore, the visitor was not physically threatening the patient or staff. RN’s conduct was likely to cause physical/emotional distress to the patient and/or visitor and could have interfered or disrupted this patient’s treatment.

Response to the said Allegations

Without consulting with an experienced nurse attorney, the RN responded and stated that a staff member requested his assistance with a distressed patient and combative visitor. RN explained that he attempted to de-escalate the situation, but the visitor verbally threatened staff and security, refused to stand up from his chair, and attempted to reach for the patient’s bed, at which point RN stepped in between the visitor and the patient’s bed to prevent any more distress to the patient. RN relates the visitor became increasingly agitated and combative.  The RN and a security officer attempted a CPI transport position, but the visitor was sitting down refused to use his legs, and attempted to drop onto the ground. RN stated that in order to preserve safety and dignity, he and the security officer continued to transport the visitor into the hallway placed the visitor in a wheelchair, and escorted him off the premises.

The above action constitutes grounds for disciplinary action under Section 301.452(b)(10)&(14) Texas Occupations Code, and is a violation of 22 TEX ADMIN. CODE §217.11 (1)(A)&(1)(B) and 22 TEX. ADMIN. CODE §217.12 (1)(A),(1)(B), (4),(6)(C)&(6)(F).

The Texas Board of Nursing then subjected the RN’s license to disciplinary action. An experienced and skilled nurse attorney would have defended the accusation if the RN hired one. Hiring a nurse attorney for defense is applicable for any kind of accusation laid against an RN or LVN.

Hire An Experienced Texas Attorney To Represent Your Interests And Protect Your License

It’s important to keep in mind that anyone can file a complaint against an RN/LVN with the state board for any reason. No matter how small or baseless the complaint may seem, it’s crucial to take it seriously. If you’re ever summoned by the state board, a nurse attorney can help you defend your license.

Texas Nurse Attorney Yong J. An and the rest of our team will be ready to help you pursue any option that allows you to keep your license and continue working, no matter what the circumstances are. 

For more information or to schedule a free legal consultation contact us now.