RN’s Alleged Failure to Timely Intervene in Cardiac Emergency

RN’s Alleged Failure to Timely Intervene in Cardiac Emergency

How can a nurse ensure they're prepared for unexpected incidents in healthcare, where swift responses to changing patient conditions are critical? In challenging situations, when a nurse's actions are scrutinized, what role does a nursing defense attorney play in providing essential support and guidance? Let's take a look at the incident highlighted below and learn the role of a nurse attorney.

group-portrait-of-medical-workers
sm by smartsites February 25, 2024

At the time of the incident, she was employed as an RN at a hospital in Arlington, Texas, and had been in that position for one (1) year and five (5) months.

On or about April 14, 2021, through April 15, 2021, while employed as an RN at a hospital in Arlington, Texas, the RN may have failed to appropriately intervene when the patient had a change in her cardiac rhythm. When the monitor technician asked the RN about a rhythm she saw on the monitor, the RN failed to obtain and/or document a full assessment of the patient and failed to confirm the heart rhythm with the monitor technician. RN left the room to complete another physician order for the patient. When she returned to the room, the patient had no rhythm so other staff called a Code Blue. RN and other staff started cardiopulmonary resuscitation (CPR). The patient was transferred to the intensive care unit (ICU). RN's conduct could have injured the patient from potentially adverse complications of undetected and untreated cardiac arrhythmias, including possible demise.

The RN responded to the above incident without the advice of a nurse attorney and stated that the monitor technician asked her if the patient had a pacemaker but did not inform her that the patient had any other arrhythmia. RN stated that she still checked the patient immediately and found her alert, and responding, with no distress, skin warm and dry, pulses strong and regular, and respirations normal. The patient denied chest pain or shortness of breath. RN called the Patient Care Technician (PCT) to come take the vital signs. She checked the patient's diaper and found it dry, so she checked the patient and found her bladder distended. Following physician orders for a post-Foley patient who was due to void, the RN obtained a bladder scanner. RN returned to the room at the same time as another nurse and they found the patient unresponsive and without rhythm. RN stated the monitor technician contacted another nurse instead of her when the patient showed no rhythm. A Code Blue was called, and CPR was immediately initiated.

The above action constitutes grounds for disciplinary action under 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).

A case was ultimately filed against her before the Texas Board of Nursing (BON). The said allegation was fatal to the RN’s capability to perform the essential functions and duties. Sad to say, the nurse attorney who handled her case was not able to properly defend her interests and rights before the Board. The Texas Board of Nursing (BON) found her guilty of the offense alleged in the complaint and decided to place her RN license under disciplinary action.

The Role of a Texas Nurse Defense Lawyer

If you're a nurse facing a disciplinary hearing or any other regulatory action, it's crucial to have the right legal representation to ensure that your rights are protected and your interests are safeguarded. One of the key roles of nursing defense lawyers is to help you draft responses to the inquiries that precede these actions. These inquiries can be complex, and it's easy to inadvertently say something that could be used against you. By working with a nursing defense lawyer, you can be sure that your responses are accurate, appropriate, and will help to make the strongest possible case in your defense. 

In addition to helping you draft responses, nursing defense lawyers will also ensure that all correspondence is sent in a timely manner. This is important because regulatory boards usually expect prompt responses, and failing to respond promptly can be seen as a sign of non-compliance or a lack of cooperation. By working with a nursing defense lawyer, you can be sure that all correspondence is handled efficiently and effectively, giving you the best possible chance of a positive outcome in your case.

Contact us Today for a Free Legal Consultation

Texas Nursing Defense Attorney Yong J. An is one of those dedicated nurse attorneys who helped represent more than 600 nurse cases before the Texas BON. You may contact him directly 24/7 at (832) 428-5679 for more information or if you want to schedule a private consultation.