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Accusations of negligence are something that a nurse attorney could be of great help 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.

At the time of the incident, an RN was employed as a Registered Nurse at a hospital in McAllen, Texas, and had been in that position for nine (9) years.

On or about April 28, 2021, while working as a Registered Nurse, the RN failed to perform a complete assessment after she was notified that a patient had a fall and her right foot was visibly rotated. Specifically, after going to see the patient, the RN looked at the patient’s foot but did not touch her foot or check for pulses. Additionally, the RN failed to appropriately care for and assist the patient after the injury, in that she did not assist the patient up off the floor and into the wheelchair, after she looked at the patient’s foot. Furthermore, the RN incorrectly documented in the patient’s medical record that she had no injuries post-fall. Subsequently, the patient was later taken to the emergency department where she was assessed and found to have an acute ankle fracture. The RN’s conduct resulted in an inaccurate medical record and was likely to injure the patient from a delay in treatment.

In response to the incident, an RN states that she was working as the House Supervisor and received a call from the patient’s primary nurse telling her that there had been a patient fall that was witnessed. The RN also states that she was informed that the patient’s right foot is turned to the side, but she was saying it was an old injury. And states that the patient then stood up on her own and got herself into the wheelchair that was brought to her with no assistance.

Additionally, the RN reports that the patient told her this was an old injury. And states that the foot and ankle were not bruised or discolored in any way and were not swollen. She also stated that she asked the patient if she was having any pain anywhere and she said “no, I just need to go to the bathroom.” She then reports that she pushed the wheelchair to the bathroom and the wheelchair would not fit. And that she told the patient to hold on while she went and got her some help. The RN states that she then went into the nurse’s station and spoke with the patient’s primary nurse and informed her of what the patient reported. The RN states that she had told the nurse when she had spoken to her earlier to call the doctor and see if he wanted to send her for an x-ray or to Emergency Room. The RN states that the nurse told her that she had spoken to the doctor and he wanted to assess her before sending her anywhere. The RN states that she then informed the nurse that the patient needed to use the toilet but the wheelchair would not fit in the door and the patient said she could not walk to the toilet and would need assistance. And lastly, the RN states that she was not able to stay and assist them at that time because she had to go to the morning meeting with the administration and the doctors.

As a result, the Texas Board of Nursing (BON) placed her RN license in disciplinary action. It’s too bad that she failed to hire a nurse attorney for assistance, knowing that she had every reason to defend herself in the first place. Her defense would have gotten better if she actually sought legal consultation from a Texas nurse attorney as well.

So if you’re facing a complaint from the Board, it’s best to seek legal advice first. Texas is willing to assist every nurse in need of immediate help for nurse licensing cases. To contact Nurse Attorney Yong J. An, please dial (832)-428-5679 for a confidential consultation or for more inquiries.