Negligence at work has been a signature specialty of a Texas RN defense nurse 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 2020. At the time of the initial incident, he was employed as an RN at a nursing home in Laredo, Texas, and had been in that position for four (4) years and nine (9) months.
On or about August 17, 2020, while employed as an RN at a nursing home in Laredo, Texas, RN applied three doses of 3mg Lorazepam gel to a resident, without a physician’s order. The medication was ordered for another resident and was not documented as being used on that resident’s-controlled drug record. Additionally, RN failed to notify hospice services and/or the resident’s physician about the incident and the resident’s behavior. RN’s conduct resulted in an incomplete medical record and exposed the resident to a risk of harm from possible overdose of a sedating medication.
In response, RN states that this was an uncontrollable emergent situation. RN states that the resident was acting aggressively, trying to break down the front door, punching RN in the back, and could not be redirected. RN states that the resident threw a vase in the hallway, and staff members had to move residents and families out of the way. RN states that at that time, he did the only thing he could think of, and went to the nurse’s office and obtained lorazepam gel from the fridge and applied it to the resident. RN states he administered two doses because he thought the topical absorption rate was slow and unreliable. RN adds that he knew the resident had the same medication ordered for the oral route and did not have an allergy; he did not think the resident would take a pill at that time. RN states the event was self-reported to the administrator and health services director, and the hospice nurse was notified at the first opportunity. RN states that the hospice nurse and physician were not notified at the time because this was not a new behavior or a change in condition. RN states that he never attempted to conceal use of the gel, he was just busy caring for sixty residents.
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)(C),(1)(D)&(1)(P) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B)&(1)(C).
Because of this, the RN was summoned by the Texas Board of Nursing to defend his side but the RN failed to hire a nurse attorney to help him with his case and without proper defense, the Texas Board of Nursing then decided to place his RN license under disciplinary action.
If you also received a letter from the Texas Board of Nursing regarding a case or complaint filed on you, you should hire a nurse attorney immediately before it’s too late. 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 one of those dedicated nurse attorneys who helped represent more than 300 nurse cases for the past 16 years. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-5679 for a confidential consultation regarding any accusations from the Texas BON.