Maintaining the safety and well-being of patients is a fundamental principle in nursing practice. Nurses are entrusted with the responsibility of employing appropriate techniques and interventions to ensure the physical and emotional security of those under their care. However, instances where this duty is compromised can raise significant concerns about patient rights, ethical conduct, and the nurse’s adherence to professional standards. When faced with situations where patient safety is compromised, seeking legal guidance can be instrumental in navigating the complexities of the matter. A nurse attorney can provide invaluable support in ensuring a fair evaluation of the circumstances, protecting the nurse’s rights, and advocating for the highest standards of patient care and ethical conduct within the nursing profession.
At the time of the incident, she was employed as an RN at a hospital in Brownsville, Texas, and had been in that position for two (2) months.
On or about September 28, 2021, while employed as an RN at a hospital in Brownsville, Texas, RN failed to use Crisis Prevention Institute (CPI) approved hold toward the patient in that she had a patient in a prone position on the floor with his arms twisted behind his back. RN’s conduct placed the patient at risk for emotional, psychological, or physical injury.
In response, RN states that on the date in question, RN opened a new unit that was understaffed and underequipped. RN asserts there were ten patients including three requiring documentation of status every 5 minutes, and only two staff, the RN, and a single Mental Health Technician. The patient was out of control, and the RN and MHT attempted to restrain him to the best of their ability despite the fact that the patient weighed more than each of them, and the MHT needed to attend to the other nine (9) patients. RN finally calmed the patient down after she told him she would let go of his arms if he agreed to not throw things, hit, or spit on her.
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) and 22 TEX. ADMIN. CODE §217.12(1)(A), (1)(B), (4),(6)(C)&(6)(F).
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.