The role of a nurse in healthcare is not only to provide medical care but also to ensure the safety and well-being of patients. Patient safety is of utmost importance, and healthcare providers are expected to act with the utmost diligence to prevent any harm or interference with a patient’s treatment. Unfortunately, there are instances when healthcare professionals may find themselves in situations that compromise patient safety. When nurses face allegations or legal concerns related to incidents that could compromise patient safety and treatment, a nurse attorney can provide essential support and guidance. They assist in formulating a strong defense strategy to mitigate potential professional and legal consequences.
At the time of the incident, she was employed as an RN at a hospital in The Woodlands, Texas, and had been in that position for nineteen (19) months.
On or about May 11, 2021, while employed as an RN at a hospital in The Woodlands, Texas, RN had an incorrect physical encounter with a patient that resulted in said patient and RN falling to the floor. RN’s conduct could have caused harm to the patient and interfered with this patient’s treatment.
In response to the above incident, RN states the video clearly shows, the subject patient was extremely defiant and recalcitrant, refusing the request of multiple staff members of the hospital to get off the telephone. RN states from their perspective that the video, while not entirely dispositive, is extremely probative and demonstrates that she acted in a defensive posture and was not the aggressor in the subject incident. RN states she reached for the receiver, the patient grabbed her by her thumb on her left hand, hyperextending said thumb. RN states in great pain and in a purely defensive manner, she reached her right hand toward the patient to try and pry his hand off her thumb, as she had been trained to do per hospital protocol. RN states however, when she swung her right hand toward her left hand, she was still holding the plastic bag which contained a small amount of paper and plastic from the room she had just cleaned, and the bag was swung towards the patient’s head. RN states in a very reasonable, understandable, and legally defensible manner, to prevent further injury, she held on to this troubled man as they tumbled to the floor with her sustaining the brunt of the impact as the patient was on top of her as they were falling to the floor. RN states she has no memory of her arm being around the patient’s neck, and indeed had no intention of doing so, other than as a reflex action in a further attempt to get him to release the painful pressure on her thumb.
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) and 22 TEX. ADMIN. CODE §217.12 (1)(A), (1)(B)&(4).
Unfortunately, the Texas Board of Nursing found her guilty of her deeds. Her RN license was subjected to disciplinary action. She did not hire a skilled Texas nurse attorney to fully defend her 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 500 nurse cases for RNs and LVNs for the past 17 years.
