Have you ever been accused of any unprofessional conduct? You could lose your license or be temporarily suspended from the profession if found guilty. When this happens, hiring a nurse defense attorney would be beneficial. This blog will explain more about what a nurse defense attorney can offer in these types of situations.
Case Scenario: Inadequate Documentation and Follow-Up
At the time of the incident, she was employed as an RN/Clinical Team Lead with a home health care service provider in Irving, Texas, and had been in that position for five (5) months.
On or about December 30, 2021, through January 2, 2022, while employed as an RN/Clinical Team Lead with a home health care service provider in Irving, Texas, the RN failed to timely and completely document the start of care assessment for a patient. In addition, the RN failed to appropriately and timely follow up with the provider to complete the patient’s plan of care and schedule a follow-up home health visit to reassess the patient and his transition to home. Subsequently, on or about January 2, 2022, when the patient’s family contacted the on-call nurse to report the patient’s decline in health, the on-call nurse was unable to locate any information on the patient as documentation had not been completed and submitted. RN’s conduct resulted in an incomplete medical record and was likely to injure the patient in that subsequent caregivers would not have accurate and complete information on which to base their decisions.
Without consulting and asking for assistance from a nurse defense attorney, the RN responded to the above incident and stated that she assessed the patient on a Wednesday morning, discussed the plan of care with the patient and family, explained to them that physical therapy would be there later in the day for an assessment, and discussed nursing visits. Additionally, she stated that due to it being a holiday weekend, the family did not see a need for anyone to come out, especially since a Visiting Physician nurse practitioner would be coming out the next day to assess the patient. The RN also mentioned that she explained that at the next nurse visit, she would go over the nurse practitioner visit and see if any medication changes or orders were made. RN stated she explained when and how to call the agency with any concerns/changes in patient condition or questions. The RN stated that during the visit she phoned the Visiting Physician’s office to verify the appointment time and requested a call back with any changes or concerns regarding the plan of care. RN stated that she spoke to the physical therapist who called after his assessment. RN stated that she completed her physical assessment in the home, but she still had parts of the visit to complete the note. She completed the note on Sunday and submitted it to the office.
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)(P) and 22 TEX. ADMIN. CODE §217.12 (1)(B)&(1)(C).
However, without valid evidence to defend her side of the story, the RN lost the case. Furthermore, the RN failed to hire a Texas nurse defense attorney to help her with her case. Because of this, the Texas Board of Nursing disciplined her nursing license.
How a Nurse Defense Attorney can help?
A nurse defense attorney helps nurses facing accusations from the Board of Nursing (BON) by providing legal advice and representation. They understand nursing and legal rules, which helps them explain the accusations and plan a defense. The nurse attorney talks to the board for the nurse and makes sure everything is done correctly. They also negotiate and, if needed, represent the nurse in hearings. The attorney’s goal is to get a fair outcome for the nurse and support them through the process.
By partnering with a nurse defense attorney, nurses can ensure that their professional interests and growth are always protected. These attorneys are dedicated to advocating for their clients and providing them with the support they need to succeed. With their expertise and guidance, nurses can feel confident in their ability to navigate any legal challenges that arise, allowing them to focus on delivering the highest quality of care to their patients.
If you are in need of a qualified nursing defense attorney, you don’t need to look any further than the Texas Nurse Attorney Yong J. An. With a focus on defending professionals at every stage of license defense, Attorney Yong J. An understands what it takes to build a compelling defense. An Law Firm takes a compassionate and understanding approach to each case we handle.