Ensuring patient safety and advocating for their well-being are paramount responsibilities for healthcare professionals, especially for those in leadership roles like Charge Nurses. However, instances of failure to intervene in critical situations can raise significant concerns about a nurse’s ability to protect patients from harm and uphold ethical standards. Such conduct raises questions about the nurse’s ability to fulfill their duty as a patient advocate and uphold patient rights. When confronted with allegations of failure to intervene, seeking the guidance of a nurse attorney can be instrumental in navigating the legal complexities, safeguarding the nurse’s rights, and ensuring a fair and impartial evaluation of the matter while advocating for the nurse’s best interests throughout the process.
At the time of the incident, she was employed as an RN at a hospital in Mission, Texas, and had been in that position for four (4) years and nine (9) months.
On or about July 13, 2021, while employed as an RN at a hospital in Mission, Texas and assigned as a Charge Nurse, RN failed to intervene for Patient A when a mental health technician inappropriately restrained the patient and drug the patient across the floor. Furthermore, the incident was recorded on video surveillance. RN’s conduct was likely to injure the patient in that it created an unsafe environment and may have unnecessarily exposed the patient to risk of further abuse or injury by the mental health technician.
In response, RN states Patient A was acting out, so she contacted the physician for a medication order to help the patient calm down. RN explains that while she was getting the order, Patient A continued to be agitated and another patient got involved and fought with Patient A. RN relates she called a Code Green, and the patients were separated. However, Patient A remained agitated and other patients were threatening to fight her. RN states an MHT tried to direct Patient A to her room or the quiet room, while RN simultaneously watched the other patients and tried to get Patient A to come out from the corner. RN relates that is when the MHT grabbed Patient A to get her up. RN explains she thought the MHT grabbed Patient A’s shirt, but as she turned to walk away, she noticed the MHT pulling/dragging the patient across the floor and immediately told the MHT to let Patient A go.
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)(M) and 22 TEX. ADMIN. CODE §217.12(1)(A), (1)(B)&(4).
A case was ultimately filed against her 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 her case was not able to properly defend her interests and rights before the Board. The Texas Board of Nursing (BON) found her guilty of the offense alleged in the complaint and decided to place her 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.