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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 in McAllen, Texas is just one of the many examples of nurses who were summoned by the Board of Nursing and failed to hire an effective nurse attorney.

At the time of the incidents, an RN was employed as a Registered Nurse at a hospital in McAllen, Texas, and had been in that position for three (3) years and one (1) month.

The incident happened on or about August 5, 2018, when the RN inappropriately withdrew 100 mL of Fentanyl from the medication dispensing system for a Patient and documented an infusion rate of 5 mL/hr per physician’s order, which should have been administered over twenty (20) hours. Approximately four (4) hours later, the RN withdrew another 100 mL of Fentanyl from the medication dispensing system and initiated a new infusion. Subsequently, nursing staff found a bag of Fentanyl hanging in the patient’s room containing a quantity of medication that did not match the documented infusion rates. The RN’s conduct resulted in an inaccurate medical record and was likely to injure the patient in that failure to administer sedating medications as ordered by the physician could have resulted in oversedation.

On or about August 5, 2018, the RN lacked the fitness to practice nursing in that she was observed to be sleeping while on duty. The RN’s condition could have affected her ability to recognize subtle signs, symptoms, or changes in patients’ conditions, and could have affected her ability to make rational, accurate, and appropriate assessments, judgments, and decisions regarding patient care, thereby placing the patients in potential danger.

In response to the incidents above, the RN states that leading up to the incidents she suffered through many illnesses and hospitalizations, and may have rushed back to work before she was ready. The RN states that she does not deny that she wrongly fell asleep at work. She also states that she was so exhausted that she was not aware that she fell asleep until her charge nurse pointed this out to her. The RN states that she remembers being tired when she arrived to work, but does not recall falling asleep or much else about that day. She states that when she was asked to leave she was not allowed to complete any additional charting and had to leave after giving handoff report. The RN states that although she was not allowed to complete charting, she was not physically competent and it is possible that the documentation errors were made. The RN states that the incident on this day was a one-time offense that she has learned from and has no intention of repeating.

However, the RN failed to properly present and defend her case against the court. She was disciplined and warned to suspend her RN license by violating Texas Board of Nursing regulation.

Your license can be disciplined over simple misunderstandings, small mistakes, or trivial issues. When this happens, hiring a nurse attorney is your best option. Consult with Texas nurse attorney Yong J. An today if you have any questions about your disciplinary process by calling or texting him at (832) 428-5679 day, night or weekends.