Complaints about patient abuse may put your license at risk. Issues such as this may greatly affect your future career, but only if you failed to hire a nurse attorney for the case. There are some RNs and LVNs who missed their chances to get their license saved from disciplinary action or revocation just because they were unable to hire any nurse attorney to defend them. This RN from Texarkana, Texas happens to be one of them.
At the time of the incident, he was employed as a Charge Nurse with a mental health service provider in Texarkana, Texas, and had been in that position for approximately two (2) years.
On or about January 31, 2020, while employed as the Charge Nurse with a mental health service provider in Texarkana, Texas, RN did not unambiguously report in a timely manner, the physical abuse of Patient A and Patient B to appropriate staff and/or State agency after RN witnessed a staff member punching both patients. RN’s conduct was likely to injure the patients in that it created an unsafe environment and may have unnecessarily exposed the patients to continued emotional, physical, and/or psychological harm.
In response, RN states that he witnessed staff run to Patient A from behind the nurse’s station and attempt to restrain the patient physically but fell to the ground and exchanged several “closed-fist blows.” RN intervened by getting the staff member to release Patient A from the prone restraint. RN states that staff separated the fight, but the two began to fight again. RN states that staff separated the two, implemented de-escalation strategies, and secluded Patient A. Then, Patient B ran full speed past RN and straight to staff, who then began fighting. RN states that during these two successive events, a code Green was called, he reported the restraints and seclusions to the Campus Supervisor and called the appropriate physician to request approval to place the patients in seclusion. RN states that when he assessed both patients, he noticed quarter-sized contusions on both patients’ left temporal region and concluded that staff had indeed struck both patients contrary to other staff’s claim. RN states that he made several verbal reports to the appropriate staff members, stating that the staff member and Patients were “engaged” in physical contact leasing to the restraint and seclusion. RN believed at the time that given staff’s experience with the patient and patient’s history at the facility, this term was sufficient to report the abuse. RN acknowledges he should have used more precise language and reported the incident more expeditiously.
The above action constitutes 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) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(4)&(6)(C).
However, without valid evidence to defend his side of the story, the RN lost the case. Furthermore, the RN failed to hire a Texas nurse attorney to help him with his case. Because of this, the Texas Board of Nursing disciplined the RN’s license.
Do not be stressed or anxious if you find yourself in a similar situation as that of the RN mentioned above. All you need to do is to find the right nurse attorney who can help you in the case. 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 an experienced nurse attorney for various licensing cases for the past 16 years and represented over 200 nurses before the Texas BON. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-4579.
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