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Negligence at work has been a signature specialty of a Texas RN defense attorney when handling cases for some nurses. However, some nurses tend to forget this fact because they really felt like they should be responsible even if they never intended to commit such an error.

This is the incident that happened to an RN in 2017. At the time of the incident, she was employed as an RN in a nursing facility in Lewisville, Texas, and had been in that position for eight (8) months.

On or about August 3, 2017, through August 4, 2017, while employed as an RN in a nursing facility in Lewisville, Texas, RN did the following:

  1. administered approximately 1000mcg/ 100mL of Fentanyl to a patient, over a thirty-five (35) minute period, when the maximum rate ordered was 200mcg/hr or 20mL/hr. Subsequently, the patient coded and required Cardiopulmonary Resuscitation (CPR). The patient expired the following day. RN’s conduct was likely to injure the patient from the decreased cardiac output and may have contributed to his subsequent death.


  1. failed to notify, and/or document the notification of the physician regarding the increasing temperature of the above-mentioned patient. RN’s conduct was likely to injure the patient from medical care decisions based on incomplete information.


  1. failed to assess, and/or document the assessment of the above-mentioned patient’s Richmond Agitation & Sedation Scale (RASS). Further, RN failed to document the titration of Dobutamine, Versed, and Fentanyl in the medical record. RN’s conduct was likely to injure the patient from disproportionate, non-efficacious dosages of medication and created an incomplete medical record.

In response, RN states that she incorrectly programmed the IV pump and that she failed to document the titration of medications in the medical record. Also, RN states the physician was present in the unit when she informed him of changes in the patient’s condition.

The above action constitutes 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),(1)(C),(1)(D),(1)(M)&(1)(P) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(1)(C)&(4).

As a result, the Texas Board of Nursing subjected her RN license to disciplinary action. It’s too bad that she failed to hire a Texas RN defense attorney for assistance, knowing that she had every reason to defend herself in the first place. Her defense would have gotten better if she sought legal consultation from a Texas nurse attorney as well.

So, if you’re facing a complaint from the Board, it’s best to seek legal advice first. Texas Nurse Attorney Yong J. An is one of those dedicated nurse attorneys who represented over 150 various nurses in their cases for the past 16 years. To contact him, please dial (832)-428-5679 for a confidential consultation or for more inquiries.