All LVN or RN are under the jurisdiction of the Texas Board of Nursing (BON). All complaints or cases concerning the practice of the LVN/RN license are lodged before the Texas Board of Nursing (BON). Thereafter, the members of the Board will hear the case and decide on the issues or matters submitted for resolution. The parties charged are given an opportunity to be heard. This is part of their right to due process. Included in their rights are having a nurse attorney to defend them in case such a problem arises.
At the time of the initial incident, he was employed as an RN at a medical facility in Denton, Texas, and had been in that position for six (6) months.
On or about January 2, 2021, while employed as an RN at a medical facility in Denton, Texas, RN failed to contact the physician to clarify orders regarding a shoulder wound for a patient. In addition, on or about January 24, 2021, RN failed to document that he attempted to contact the physician for the aforementioned patient when the patient’s shoulder wound worsened. RN’s conduct resulted in an incomplete medical record and could have contributed to the injury of the patient in that subsequent caregivers would not have complete information on which to base their decisions for further care.
In response, RN states that there were no physician orders for the care/treatment of a shoulder wound. RN states that he performed the admission assessment and viewed the surgical site on December 12, 2020, but there was no wound present and, therefore, no charting concerning a wound. RN states that the patient did not discuss her concerns regarding a shoulder wound with him until January 24, 2021. RN states that he was informed by the Case Manager of the presence of a shoulder wound, which he then assessed with the Case Manager. RN states that he attempted to call the physician and left a message for the on-call physician. RN states that the patient saw her physician on January 23, 2021, and her physician was aware of the status of the shoulder wound.
The above action constitutes grounds for disciplinary action in accordance with Section 301.452(b)(13), Texas Occupations Code, and is a violation of 22 TEX. ADMIN. CODE §217.11(1)(A),(1)(B),(1)(D)&(1)(N).
A case was ultimately filed against him before the Texas Board of Nursing (BON). The said allegation was fatal to the RN’s capability to perform the essential functions and duties. Sad to say, the nursing defense attorney who handled his case was not able to properly defend his interests and rights before the Board. The Texas Board of Nursing (BON) found him guilty of the offense alleged in the complaint and 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 against you, you should hire a nurse attorney immediately before it’s too late. 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. You may contact him 24/7 at (832) 428-5679 for more information or if you want to schedule a private consultation.
