Ensuring the safety and well-being of patients, especially in the context of complex medical conditions, is a paramount responsibility for healthcare professionals. When a nurse’s actions deviate from this fundamental duty, the repercussions can be significant and raise questions about patient care and professional conduct. Legal matters related to patient care and professional conduct are intricate and multifaceted. Seeking the support and guidance of a nurse attorney can play a pivotal role in addressing the legal complexities, ensuring fairness, and advocating for the best interests of both the nurse and the patient involved.
At the time of the incident, she was employed as an RN with a skilled nursing services provider in Texarkana, Texas, and had been in that position for one (1) year and two (2) months.
On or about September 17, 2021, while employed as an RN with a skilled nursing services provider in Texarkana, Texas, and assigned to admit a patient for skilled nursing services, inappropriately left the patient, who had a diagnosis of COVID-19, deep vein thrombosis, and pulmonary embolism, alone on the toilet after the patient reported that he blacked out earlier that day and was unable to think clearly. Additionally, RN called 911 after she left the patient’s home and failed to stay with the patient until EMS arrived. The patient was subsequently admitted to the hospital where he was treated for sepsis due to COVID- 19 pneumonia. RN’s conduct was likely to injure the patient from further undetected changes in condition.
In response, RN admits the patient advised her that he thinks he blacked out while in bed after obtaining his meds from his porch. RN further states that the patient expressed concern about not being admitted to the hospital while being so sick the night prior and would like for non-emergent transport to the hospital. RN states that when she completed her assessment, the patient asked her to excuse herself from the home as he was going to the bathroom. RN states she assisted the patient up from bed and watched him ambulate to the bathroom and saw him sit down on the toilet safely. RN states she then exited the home, took off her PPE, and called her supervisor and clinical manager to let them know of the situation. RN further states she advised her supervisor that she needed to go to meet her daughter at the doctor’s office next door to the patient’s residence because her daughter was feeling very ill and being further evaluated. RN states she further advised her supervisor that after giving the patient a bit of time in the bathroom, per his request, and as he was in no major distress, that she would contact EMS and return to the outside of his residence as she did not have any additional PPE to re-enter the home.
The above actions constitute grounds for disciplinary action in accordance with Section 301.452(b)(10)&(14) Texas Occupations Code, and is a violation of 22 TEX ADMIN. CODE §217.11(1)(A)&(1)(B) 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 nursing defense 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.
If you also received a letter from the Texas Board of Nursing regarding a case or complaint filed against you, you should hire a nurse attorney immediately before it’s too late. Texas Nurse Attorney Yong J. An is one of those dedicated nurse attorneys who helped represent more than 300 nurse cases for the past 16 years. You may contact him 24/7 at (832) 428-5679 for more information or if you want to schedule a private consultation.