Any type of allegations or accusations at work can be defended, as long as there is a skilled Houston Nurse Attorney ready to assist you during the hearing before the Board of Nursing. The Texas Board of Nursing has full jurisdiction regarding cases that may affect an RN or LVN’s license from suspension, disciplinary action, or revocation.
At the time of the incident, the RN was employed as a Charge Nurse in a medical facility in Houston and had been in this position for one year and nine months.
On or about January 4, 2017, through January 5, 2017, the RN allegedly failed to appropriately and timely assess and intervene when a patient sustained an injury to her left arm during a psychotic episode. The patient complained of arm pain, saying that she thought her arm was broken, so the Licensed Vocational Nurse (LVN) was called to assess the client. The LVN assessed the patient’s arın then referred the patient to the RN, the supervising nurse.
Although the client’s forearm was irregular in appearance, the RN made an evaluation that the client was experiencing a muscle spasm and instructed the LVN to apply heat to the arm and to administer medication for psychosis, instead of consulting with the physician.
The following day the client had limited range of motion of the left arm and complained of pain. The therapist voiced concern to her regarding the client’s arm and she told her that she was not the nurse on the unit that day, that she should have the client see the LVN.
The RN informed the LVN on duty that the client had a syndrome that caused muscle spasms and cramps, and that the client was to be monitored only, x-rays were not needed. The client continued to complain of or exhibit pain and was eventually taken to visit the physician on January 9, 2017. X-rays revealed that the client had sustained a displaced fracture of her left arm, which required surgical repair.
Additionally, the RN failed to document her assessment, evaluation, and intervention in the medical record of the client, and failed to ensure that a significant occurrence report was completed, as required. Although the RN wrote an email to the therapist and management staff regarding the client’s psychotic episode, she omitted any reference of the client’s complaint of arm pain.
The RN’s conduct resulted in an incomplete medical record, delayed medical intervention, and unnecessarily exposed the resident to the risk of harm from clinical complications associated with an untreated fracture.
During the hearing, the RN states that she was in another area of the facility conducting chart audits, which was her job description” for that shift, and asserts that the LVN was the Charge Nurse for that particular unit and that the LVN received the complaint of a psychotic episode, not of an injured arm.
According to the RN, she happened to walk into the nurse’s station and witnessed what was occurring regarding the patient and that the client stated that she had a “Charlie horse” on her arm, which the client said, “she gets on her legs all the time.”
The RN states that the LVN applied warm packs to the client’s arm, which relieved the muscle cramp and because the client was experiencing severe auditory and visual hallucinations, she was medicated for the severe psychosis. She asserts that there was no reason for her to assess and intervene since the LVN was providing care for the client and did not express any concerns to her or ask for assistance and that assessment of the client was appropriately and timely performed by the LVN, who was the responsible individual for that specific unit. She states that it was the responsibility of the LVN to “make the proper documentation” of any reportable occurrence, and it was ‘her responsibility to notify appropriate personnel of any significant occurrences, which she did via email. Respondent asserts that she complied with the facility’s rules and regulations in reference to significant occurrence reports; further, the proper documentation she made was that of the psychotic episode, as this was all she had witnessed.
Additionally, no one documented regarding an injured arm, so the client evidently voiced no complaints to the therapists, staff, or nursing personnel regarding an injury to the arm, and there was no visible injury or any symptoms indicating an injury had occurred to an arm. The RN concludes that she believes that a staff manager made an effort to “get [her] in trouble” in retaliation after the RN made multiple complaints to the manager in reference to “questionable client injuries,” as well as the unprofessional behavior of certain personnel.
However, with the failure to hire an experienced Houston BON Attorney to help her defend her side, the RN never had the chance to defend her side of the story.
Because of this incident, the Texas Board of Nursing then subjected the RN and her license to disciplinary action.
The accusation would have been defended by an experienced and skilled Houston Nurse Attorney, had the RN hired one. Hiring a Houston 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 nurse attorneys in Texas, Yong J. An. He has assisted numerous nursing license cases since 2006. You may contact him by dialing (832)-428-567 if you wish to learn more information should you undergo accusations or any other case that may affect your license.