Maintaining open and effective communication with patients, especially during critical healthcare encounters, is a fundamental responsibility for nurses. Patients rely on accurate and clear information to make informed decisions about their healthcare, and any breakdown in this communication can have serious consequences, both for the patient’s well-being and the healthcare provider’s reputation. A nurse attorney can play a pivotal role in helping both the nurse and the patient navigate this situation. They possess the legal expertise to assess the incident impartially, ensuring that the rights and well-being of all parties involved are protected.
At the time of the initial incident, she was employed as an RN at a hospital in Brownsville, Texas, and had been in that position for one (1) year and eleven (11) months.
On or about January 11, 2020, while employed as an RN at a hospital in Brownsville, Texas, RN informed a patient, who was 37-weeks pregnant and presented to the Emergency Department, that her treating physician did not have hospital privileges at the hospital causing the patient to become upset and nearly leave the facility. Later, on February 13, 2020, RN called the patient at home regarding the encounter at the emergency department.
In response, RN states the patient told her she went to the hospital because her water had never broken before, and she was scared. RN states the patient asked her if that was the right thing to do. RN states she told the patient that everything was fine and it’s not necessarily an emergency when someone’s water breaks. RN further states she asked the patient if she had a tubal ligation planned after delivery and the patient said yes. RN states she told the patient that her doctor did not have hospital privileges at the hospital, and it might delay her getting a tubal ligation because they might not be able to get the consent forms from the doctor’s office over the weekend. RN states at this point, the patient started crying and told her husband to get the truck. RN states the patient started walking towards the ER doors, so she went after the patient asked her to wait and talk with her. RN states at this point, they were standing in front of the receptionist desk. RN asserts that the receptionist never talked the patient into staying. RN states she talked the patient into staying and pushed her wheelchair to the L&D unit. RN explains she was approached by the L&D manager later that day and sent home, and she was later contacted by the HR Director and informed she was being terminated. RN states the HR Director also told her they were going to have a peer review and send this information to the Board. RN admits she called the patient and asked if she could provide testimony or be a witness for her at the peer review meeting. RN states she then received a phone call from the HR Director and an email from the Peer Review Chair stating that she could not question or interview a witness in an uncontrolled manner. RN states after she received the email, she did not contact anyone else.
The above actions constitute 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)(J) and 22 TEX. ADMIN. CODE §217.12(1)(A), (1)(B),(1)(C),(4)&(6)(D).
The Texas Board of Nursing then subjected the RN and her license into disciplinary action. The accusation would have been defended by an experienced and skilled Texas Nurse Attorney, had the RN hired one. Hiring a Texas Nurse Attorney for defense is applicable for any kind of accusation laid against an RN or LVN.
For more details and to schedule a confidential consultation, you must approach one of the most experienced Texas Nurse Attorneys, Yong J. An. He is an experienced nurse attorney who represented more than 500 nurse cases for RNs and LVNs for the past 17 years. You can call him at (832) 428-5679 to get started or to inquire for more information regarding nursing license case defenses.