Nursing assessment skills are one of the nurse’s most valuable assets. This is the main reason why whenever someone filed a complaint against you involving improper assessment, your license could be put in danger if not defended by a nurse attorney.
An RN in Fort Hood is a perfect example for this. At the time of the incident, RN was employed by a health care agency, and working as a Contract Charge Nurse with a health care services facility in Fort Hood, Texas, and had been in that position for less than three (3) months.
On or about April 25, 2020, while employed by a health care agency, and working as a Contract Charge Nurse with a health care services facility in Fort Hood, Texas, RN did the following:
- RN initially assessed a resident, who was found lying on the floor of the dining room at 5 pm, with a bruise to the right cheek and swelling above his right eye. RN called the physician but failed to recognize a change in status and failed to continue to assess and ensure that vital signs and neurological assessments were obtained after the resident had episodes of vomiting. RN’s conduct was likely to injure the resident in that significant changes in the resident’s status may have gone undetected and prevented timely interventions
- RN failed to completely and accurately document the status of a resident after he experienced an unwitnessed fall. The resident declined dinner, vomited, and vomited again several times. RN’s conduct resulted in an incomplete medical record and was likely to injure the resident from subsequent care decisions made without the benefit of reliable information.
- RN failed to call 911 Emergency Medical Services (EMS) after obtaining a physician order to send the resident to the hospital after an unwitnessed fall with vomiting episodes, and instead called for non-emergent ambulance transport. The non-emergent ambulance arrived at the facility about two (2) hours after RN called them and transported the resident to the hospital. Despite treatment, the resident died from a subdural hematoma, and multiple facial fractures five (5) hours and thirty (30) minutes later. RN’s conduct resulted in an unnecessary delay in care and was likely to injure the resident from delayed medical treatment and timely interventions.
In response, RN states that the resident was found in a half sitting/lying position on the floor at 5:30 pm, and he started neuro checks immediately. RN indicates that due to the resident’s initial facial bruising, he called an ambulance service ahead of time. RN relates that he had the Certified Nursing Assistants (CNAs) doing vitals and neuro checks while he called the physician’s service. RN explains that the resident didn’t want to eat so was taken to bed with his head elevated; he was responsive, and vitals were normal. RN adds that the resident then vomited. RN states that the provider called and gave an order to send the resident to the hospital. RN indicates that the resident had some swelling to the bruised area of his face, was responsive, was talking, and had stable vitals. RN relates that the resident vomited again, and he called the ambulance to ensure that they were on their way. RN explains that the resident’s injury to his face had increased in swelling, and he had vomited again. RN adds that the ambulance arrived within eighteen (18) minutes from the second call. RN states that the resident’s vitals continued to be stable, RN states that 911 EMS wasn’t called because the resident’s vital signs were stable, he was responsive, was talking, and never lost consciousness
The above actions constitute 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)(D),(1)(M)&(2)(A) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B)&(4).
Unfortunately, the Texas Board of Nursing found him guilty of his deeds. His RN license was subjected to disciplinary action. He did not hire a skilled Texas BON attorney to fully defend his case which led to this decision by the Texas Board of Nursing.
Do you have questions about the Texas Board of Nursing disciplinary process? Contact The Law Office of Texas Nurse Attorney Yong J. An for a confidential consultation by calling or texting 24/7 at (832) 428-5679. Texas Nurse Attorney Yong J. An is an experienced nurse attorney who represented more than 300 nurse cases for RNs and LVNs for the past 16 years.