Documentations have been a signature specialty of a nurse attorney when handling cases for some nurses. However, some nurses tend to forget this fact because they really felt like they should be responsible even if they never intended to commit such an error.
At the time of the initial incidents, she was employed as an RN at a hospital in Denton, Texas, and had been in that position for approximately one (1) month.
On or about October 16, 2020, through November 5, 2020, while employed as an RN at a hospital in Denton, Texas, RN withdrew Hydromorphone, Hydrocodone, Lorazepam, and Morphine from the Omnicell medication dispensing system for patients, but failed to document and/or accurately and completely document the administration of the Hydromorphone, Hydrocodone, Lorazepam, and Morphine in the patients’ Medication Administration Record (MAR) and/or Nurses’ Notes. Additionally, RN documented administering medications before they were pulled. RN’s conduct was likely to injure the patients, in that subsequent caregivers would rely on her documentation to further medicate the patients, which could result in an overdose. Additionally, RN’s conduct placed the hospital in violation of Chapter 481 (Controlled Substances Act) of the Texas Health and Safety Code.
Another incident happened on or about October 26, 2020, while employed as an RN at a hospital in Denton, Texas, RN withdrew Lorazepam from the Omnicell medication dispensing system for the patient but failed to follow the facility’s policy and procedure for wastage of the unused portions of the medications. RN’s conduct left medications unaccounted for, was likely to deceive the hospital pharmacy, and placed the pharmacy in violation of Chapter 481 (Controlled Substances Act) of the Texas Health and Safety Code.
In response, RN states that she does not have a diverting problem; instead, she has a time management and charting problem. RN states that she has inaccurate documentation. RN states that her administration times were incorrectly documented due to writing the times on her report sheet then later documenting related to her poor time management. RN states that she never meant to delude or intentionally falsify her documentation. RN states that she has given up the fast-paced hospital setting.
The above actions constitute grounds for disciplinary action in accordance with Section 301.452(b)(9),(10),(12)&(13), Texas Occupations Code, and is a violation of 22 TEX. ADMIN. CODE §217.11(1)(A),(1)(B),(1)(C),(1)(D),(1)(T)&(3) and 22 TEX. ADMIN. CODE §217.12.(1)(A),(1)(B),(1)(C),(1)(E),(4),(5),(6)(G),(8),(10)(C),(11)(D),(10)(E) & (11)(B).
The evidence against the RN was strong. At the same time, she was not able to properly defend her case in court. As a result, her nursing license was placed under disciplinary action.
Avoid the similar thing from happening on your end. Make sure to find the right defense attorney in case a complaint will be filed against you before the Texas Board of Nursing (BON). For more details or for a confidential consultation regarding accusations, it’s best to contact an experienced Texas nurse attorney. Texas Nurse Attorney Yong J. An is an experienced nurse attorney who represented more than 300 nurse cases for RNs and LVNs for the past 16 years. You can call him at (832) 428-5679 to get started or to inquire for more information regarding nursing license case defenses.