Nurses are always at risk for accusations of medical malpractice or negligence. If someone filed a complaint against you, your license could be put in danger if not defended by a nurse attorney. An RN from New Braunfels, Texas is just one of the many examples of nurses who were charged with negligence and failed to hire an effective nurse attorney.
At the time of the incident, she was employed as an RN at a nursing home in New Braunfels, Texas, and had been in that position for two (2) years and seven (7) months.
On or about November 16, 2019, while employed as an RN at a nursing home in New Braunfels, Texas, and caring for a resident, who had returned to the facility from the hospital after sustaining an unwitnessed fall earlier in the day, RN failed to obtain and/or document a complete set of vital signs at 22:15 when RN received notification from the certified nurse’s aide that the resident had vomited a second time, appeared to briefly lose consciousness and reported feeling hot and restless, while her skin was cool and pale around her mouth and nose. Instead, RN documented a pulse and that she was unable to obtain the resident’s blood pressure. In addition, RN failed to notify the physician regarding the resident’s change in condition. Subsequently, the resident expired on November 17, 2019, at 12:05. RN’s conduct was likely to injure the patient in that she deprived caregivers of pertinent information that may have led to emergent medical interventions needed to prevent further complications and the resident’s demise.
In response, RN states that when the resident returned to the facility from the hospital, she reviewed the patient’s instructions and noted the diagnosis of contusion to the right hip. RN states she called the physician to let him know of the resident’s return and the diagnosis. RN states that the resident did not display any signs or symptoms of pain or distress and was sleeping soundly. RN states that at 20:30 she documented a note that the resident vomited, which was not unusual for the resident, and thus was not a significant change in a condition requiring a physician notification. RN states that she noted a discrepancy as to which hip was injured and contacted the hospital to clarify. RN states that at 22:15, she did not see the resident’s eyes roll back as this was relayed by the aide. RN states that the aide told her that the resident appeared to be unresponsive for a few seconds. RN states that when she entered the room and assessed the resident, the resident was responsive and alert, denied pain and nausea. RN states she assessed the resident, who complained of being hot. RN states the resident was changed, bathed, and had a fan put on her. RN states that the resident had again vomited, but it was not sustained. RN states that the resident’s pulse was 92 and respirations were within normal limits. RN states she did not have concerns that the resident had a significant change in condition. RN states that she monitored the resident throughout the shift and did not see any signs of distress and the resident was never alone. RN states she entered the room at approximately 23:45, RN states that the resident was alert, could state her name, and denied nausea. RN states that the resident told her she had “not felt this way before.” RN states she assessed the resident and noted that the resident’s pulse was 89, the temperature was 95.6, and the oxygen saturation level was 67%. RN states she attempted to obtain blood pressure but was unable to as the resident became restless. RN states that the resident’s daughter assisted the resident back to bed where RN planned to attempt to obtain the resident’s blood pressure before she called the physician for the resident’s change in condition. RN states that the resident’s daughter quietly stated that she thought the resident was dying. RN immediately assessed the resident, noted a faint pulse, set eyes, and agonal breathing. RN states she discussed the resident’s do not resuscitate status with the resident’s daughter, and stated that the resident took additional agonal breaths, then expired.
The above actions constitute grounds for disciplinary action in accordance with Section 301.452(b)(10)&(13), Texas Occupations Code, and a violation of 22 TEX. ADMIN. CODE §217.11(1)(A),(1)(B),(1)(M)&(1)(P) and 22 TEX. ADMIN. CODE §217.12(1)(B)&(4).
However, without enough evidence to prove she’s not guilty, the RN lost the case. This is the reason why the Texas Board of Nursing placed her RN license under disciplinary action.
Do not be stressed or anxious if you find yourself in a similar situation as that of the RN mentioned above. All you need to do is to find the right nurse attorney who can help you in the case. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas nurse attorney. Texas Nurse Attorney Yong J. An is an experienced nurse attorney for various licensing cases for the past 16 years and represented over 200 nurses before the Texas BON. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-4579.
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