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Nurses facing cases should hire a nurse attorney to strengthen their defense. Professional help can provide a better form of defense against the Texas Board of Nursing as an RN or LVN faces an accusation of any charges they wish to deny. This is just one of the many cases the RN from Texarkana should have known had she only hired a nurse attorney to help her.

An RN was employed as a Charge Nurse in a hospital in Texarkana, Texas, and had been in that position for four (4) months.

On or about April 10, 2016, the RN failed to timely intervene and notify the physician when he assessed Resident BW, who had sustained a fall with a hematoma to her forehead two (2) days earlier, and he found fluid coming from her right eye, facial bruising, oxygen saturation of 95% on room air, a blood pressure of 105/55 mmHg, and a pulse of 120 at the beginning of his 6 am to 6 pm shift. The RN called the physician’s office at 11 am with no response. Additionally, the RN failed to intervene and contact the Director of Nursing (DON) when there was no response from the physician after his call at 11 am. The RN’s conduct was likely to injure the resident from a delay in care required to stabilize the resident’s condition and deprived the resident’s physician of the opportunity to institute timely medical interventions.

On or about April 10, 2016, the RN failed to call 911 when he assessed the resident at about 5:45 pm and found her unresponsive with an oxygen saturation of 75% on room air, blood pressure of 153/94, and a pulse of 193. Instead, the RN called the Assistant Director of Nursing (ADON) who advised him to call the physician and family. The physician instructed The RN to call the family as the resident was Do Not Resuscitate (DNR) status, and the daughter directed him to call 911. Emergency Medical Services (EMS) arrived within minutes, and the resident was declared dead on arrival. The RN’s conduct was likely to injure the resident from a delay in care required to stabilize the resident’s condition and may have contributed to the resident’s subsequent demise.

On or about April 10, 2016, the RN failed to document his re-assessments and neurological assessments throughout his shift. The RN’s conduct resulted in an inaccurate medical record and was likely to injure the resident in that subsequent caregivers would not have reliable information on which to base their care decisions.

In response to the incidents, the RN states that the Administrator, DON, and ADON were present at the time that the resident fell and had sustained a hematoma to the right side of her forehead, and none of them contacted the physician. The RN indicates that he reported working two (2) days after the resident’s fall, and the resident had a change in her condition per the off-going nurse. The RN explains that he was told that several calls had been placed to the physician, but there had been no response. The RN adds that he also called the physician, left a message, and got no return call. Respondent states that he called the ADON, who said, “she is DNR; there is nothing we can do but call the physician again, and call the family also.” The RN indicates that he called the physician three (3) more times and finally got a response saying nobody called him, he wasn’t aware, the resident was a DNR so to call the daughter. The RN relates that he called the daughter, who asked him to call 911. The RN explains that EMS came, and declared the resident dead.

Despite her explanation, the Texas Board of Nursing placed her under disciplinary action but without any suspension whatsoever. Hiring the right nurse attorney for this case would be of great help, but this time the RN failed to do so.

If you’re having trouble against cases that you were accused of doing, then seek the help of Nurse Attorney Yong J. An. To get started with a private consultation, you may contact him at (832) 428-5679.