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Nurses, the backbone of healthcare, typically have to deal with serious levels of burnout – the COVID-19 pandemic has made the problem that much worse. Any accusations of medical negligence should never be taken lightly. Even if you are certain that you have done nothing to such allegations, do not face the charges alone. You might end up leaving unprepared to answer questions which could eventually lead to you being deemed culpable. A Midland nurse attorney is the solution for that.


On or about January 15, 2020, while employed as a Charge Nurse on the kidney transplant progressive care unit in Midland, the RN failed to obtain an order to remove the patient from telemetry monitoring and bilevel positive airway pressure (BiPAP) when she obtained an order for Ativan to help calm the patient who was to undergo a magnetic resonance imaging (MRI) in the Radiology Department.

Subsequently, the patient was removed from telemetry and BiPAP, the RN administered a dose of Ativan in the room and another just prior to the MRI, and failed to monitor the vital signs and oxygen saturation of the patient. MRI the patient was transported back to his room, re-connected to the telemetry monitor and BiPAP, found to be in asystole, and a Code was initiated.

The patient was resuscitated, transferred to the intensive care unit (ICU), diagnosed with anoxic brain injury, and died two (2) days later. Her conduct was likely to injure the patient by failing to collaborate with the provider to obtain an appropriate order to prevent respiratory complications and undetected changes of condition. ‘

In response to the incident, the RN states that the patient had been started on BiPAP that day, was pulling at his tubes, and quite restless. She indicates the MRI department had called regarding the patient and said it would be best if the patient had something to calm him so he would be still while undergoing the MRI. The RN relates she spoke with the Physician Assistant (PA) who ordered a dose of Ativan then and to take an additional dose to MRI to use in case of continued restlessness. She explains that she administered a dose of Ativan in the room, took him off telemetry, respiratory removed him from BiPAP, and placed oxygen.

The RN adds at the time it was not standard practice to leave patients on BiPAP when going off the floor. She states the patient was still agitated in radiology, and she administered the 2nd dose of Ativan. The RN indicates after the MRI, the patient was breathing with a heartbeat on the elevator ride back to his room. She relates they placed the telemetry leads to resume telemetry, and the respiratory tech replaced the BiPAP.

The RN explains the telemetry staff called saying the patient was in asystole, she checked his lead placement and confirmed he was in asystole. A Code Blue was called, CPR was initiated, he had a return of spontaneous circulation, but died soon after. She adds that the PA later said she wasn’t aware of the patient being on BiPAP which had been added earlier in the day.

Because of this incident, the Texas Board of Nursing then subjected the RN and her license to disciplinary action.

The accusation would have been defended by an experienced and skilled Midland nurse attorney, had the RN hired one. Hiring a nurse attorney for defense is applicable for any kind of accusation laid against an RN or LVN.


Attorney Yong J. An is a Midland nurse attorney that has a proven track record. He has over 16 years of experience handling Texas Board of Nursing disciplinary action cases and has helped protect the license of numerous nurses in Midland. For a confidential consultation, call or text him at (832) 428-5679.