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Top 10 Blogs Of 2019

January 2, 2020 by LORIE A BROWN, R.N., M.N., J.D. Leave a Comment

This is one of my favorite things with each New Year.  I look at my top 10 blogs to see which ones you really enjoyed.  In 2018, the favorite ones were based on license protection so in 2019, I chose to do more articles on that same subject.

Just like with the New Year’s Eve countdown, let’s go down the list starting with number 10 and head to number 1.  By the way, you can read the original blog by clicking on the bolded number for each one.

NUMBER 10:  PYXIS AND YOUR NURSING LICENSE – Probably among the most important of my videos because day after day I see where nurses are not properly following policy with medication management which is of concern to administration due to our opiate crisis.

NUMBER 9:  THE PERILS OF TRAVEL NURSING – This blog discussed the top 8 ways travel nurses can get into trouble and advises how they can protect themselves.

NUMBER 8:  WILL NURSES BECOME OBSOLETE – Is new and advancing technology creating a more automated world that is taking the place of nurses?

NUMBER 7:  MED ERRORS AND CRIMINAL CHARGES – Tennessee nurse RaDonda Vaught accidentally gave a patient vecuronium instead of Versed resulting in the patient’s death.  Vecuronium is used to intubate patients by repressing respiration.  While in a PET scan, the patient arrested and died. The issue was not identified until an audit by the Center for Medicaid and Medicare Services (CMS) was done over a year after the incident.  After the investigation, nurse Vaught was charged criminally in this matter.  While she did commit malpractice, it is my opinion that it should not have risen to the level of a crime albeit for making a horrible mistake.

NUMBER 6:  REFUSAL TO DRAW BLOOD – Jonathan Moore was involved in an auto crash killing a former city council woman and her daughter.  When Moore was hospitalized, police wanted the nurse to draw blood without an order and without patient consent.  The nurse told the officer that a warrant would be needed to make the draw.  Crystal clear policies should be in place so nurses know when they can do certain activities.

NUMBER 5:  FATAL MEDICATION ERROR UPDATE – This was another article dealing with of nurse RaDonda Vaught who accidentally administered vecuronium to a patient [See NUMBER 7].  Criminal charges were filed against nurse Vaught and the Tennessee Board had initially excused her actions but then decided to take action against her license.

NUMBER 4:  NURSES IN TROUBLE WHEN PHYSICIAN OVERPRESCRIBES – A physician was actually practicing “end of life” measures by prescribing 20 times the normal dosages of fentanyl.  Nurses who carried out those orders were all fired and reported to the Board.  There was one wrongful death lawsuit that settled for $4,500,000.

NUMBER 3:  NURSES WITH ADDERALL – This item discusses a Louisiana Board’s concerns about nurses who take the controlled substance Adderall.  In fact, it shows a statement by the Board about how Adderall is the most widely abused prescription drug in America and how Boards can take action if a nurse takes any controlled substance.

NUMBER 2:  UNUSUAL NURSING BOARD CASE – A nurse received an unfavorable decision by the Delaware Division of Professional Regulations to the Supreme Court which overturned the Delaware agency’s ruling.  Two nurses were on duty and required to count medications just as if they were controlled substances.  During the count, the supply of hepatitis C medication, costing $1,000.00 per pill, was accidentally spilled to the floor.  The nurse put the 12 pills in the sharps container, but the pharmacy ordered them to be retrieved for later distribution to this patient/prisoner.  The nurse’s license was placed on probation for 90 days and required her to take continuing education.  But she disagreed with the decision and took the matter to the Delaware Supreme Court … and WON!  It is unusual for nurses to appeal a case, let alone be successful.

NUMBER 1:  PATIENT KILLS NURSE – A nurse accosted by a patient who, before others could restrain him, violently slammed the nurse’s head onto a desk.  Lynne Truxillo subsequently succumbed to blood clots in her leg leading to a pulmonary emboli.  Though the patient was charged with manslaughter, the obvious truth was that the charge could never bring back nurse Truxillo.

MY PERSONAL FAVORITE:  My personal favorite blog was an interview with nurse Yolene Lofton who lost her license simply for recording the wrong date on some documents.  It was sad that she lost her license over that error.  But it does show just how important your license is and how even a minor error could result in loss of your license and livelihood.

My hope is that you can learn from these blogs and do everything you can to protect your most valuable asset: your license.

What was your favorite blog in 2019?  Was it any of the above or perhaps a different one?  Let me know in the comments below.

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Filed Under: License Protection, Newsletter Tagged With: 2019, adderall, blogs, board of nursing, criminal charges, lawsuit, license defense, license protection, medication errors, nurses, nursing, nursing board, nursing license, overprescribes, Patient kills nurse, pyxis, revocation, Top 10, travel nursing, violence, wrongful death, Yolene Lofton

Fatal Medication Error Update

October 24, 2019 by LORIE A BROWN, R.N., M.N., J.D. 1 Comment

The nurse from Tennessee who made a horrific medication error, RaDonda Vaught, was originally told there would be no charges against her nursing license.  Regardless, the Tennessee Board of Nursing since has proceeded to file charges.

I reported RaDonda’s story to you here wherein she accidently gave a patient vecuronium instead Versed which resulted in death.  Criminal charges against her are pending.  And on September 27, 2019, the Board filed charges against RaDonda Vaught’s nursing license.  The Board matter will likely be continued because when a nurse has a criminal charge pending, most attorneys advise the nurse to take the Fifth Amendment to protect her Constitutional right against self-incrimination.

I find the excessive delay in the Board filing actions against her license to be very concerning.  The Board can file charges when a violation of the Nurse Practice Act has allegedly been committed.  Clearly, RaDonda Vaught did violate the Nurse Practice Act by her fatal medication error.

As I stated previously, I don’t think a nurse should have criminal charges filed against her license for negligence, an unintentional act.  Clearly, RaDonda breached the standard of care resulting in death.

However, this matter is properly before the Board of Nursing and if the patient’s family chose to file a medical malpractice action.  It is sad when a nurse is doing her job, albeit incompetently, can end up with a criminal charge.

If you would like to review the charges against RaDonda’s license, click here.

What are your thoughts about the Tennessee Board of Nursing filing charges against RaDonda Vaught’s license?  Should the Board be able to file charges after telling her that no charges would be filed?  I would love to hear your comments below.

 

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Filed Under: Employment, License Protection, Newsletter, Workplace Issues Tagged With: board of nursing, criminal charges, fatal, medication error, negligence, Nurse Practice Act, nursing board, nursing license, RaDonda Vaught, standard of care, Tennessee

Hurricanes, Wildfires and Blackouts, Oh My!

September 19, 2019 by LORIE A BROWN, R.N., M.N., J.D. Leave a Comment

As we in California are in the midst of the wildfire season, hospitals are preparing for power outages.  When there is a wildfire in the area of a hospital, the power companies often plan to cut electricity to prevent more damage from the fires.

California law requires hospitals to have backup generators for critical care operations.  However, a prolonged blackout can make it difficult.  Also, of concern is people in homes who need medical equipment since a power outage could be catastrophic for someone requiring electricity generated equipment.

In fact, after a power outage in Florida during Hurricane Irma in 2017, 12 nursing home patients lost their lives due to the absence of electricity.  As temperatures soared, they became overheated.  Now the nurses and administrator there are facing criminal charges.

It is sad that the nurses are having to defend themselves in this matter as they work at the facility under adverse conditions while helping people in the middle of a hurricane rather than focusing on keeping themselves safe.  They, along with other facility staff, rely on their facility to provide the necessary equipment and services for them to properly care for their patients.  It will be interesting to see what happens from this.

Although it is tragic that these patients died, the Florida nursing home itself should have been required to have a backup generator to protect the health and safety of their residents.  Laws should be in place to make sure our most vulnerable population is protected.

You may want to check with your facility to learn if you work in an area where a natural disaster could occur to make sure that it has adequate supplies, equipment and backup generators to take care of these patients and hospital staff.

 

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Filed Under: Employment, Newsletter, Workplace Issues Tagged With: Blackouts, California, criminal charges, hospitals, Hurricanes, law, Lorie Brown, natural disaster, nurse, Nurse Attorney, nursing, patient deaths, power outage, Wildfires

Consequences of Criminal Charges on a Nursing License

September 12, 2019 by LORIE A BROWN, R.N., M.N., J.D. Leave a Comment

Nurse Attorneys, Lorie Brown and Todd Ess of Brown Law Office, P.C., discuss the consequences of criminal matters on a Nurse’s license, this also includes other healthcare providers such as Physicians, Pharmacists, etc. The discussion not only includes matters before the Board of Nursing, but pleading guilty to a felony, accepting a diversion, as well as the Office of the Inspector General’s (OIG) Exclusion List.

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Filed Under: Employment, License Protection, Newsletter, Workplace Issues Tagged With: board of nursing, criminal charges, Criminal Matters, Dentist, diversion, Doctor, felony, guilty, healthcare providers, Lorie Brown, Nurse Attorney, Office of the Inspector General, OIG Exclusion List, Pharmacist, Physician, pleading guilty, Todd Ess

Nursing And Ethical Issues

August 8, 2019 by LORIE A BROWN, R.N., M.N., J.D. 5 Comments

It is unusual for a matter before the Nursing Board to find its way into the court system primarily because of the cost.  Recently, in Pennsylvania, one case did exactly that and wound up in court brought by an LPN.

In this particular case an LPN was charged on July 16, 2014 with 3 counts of drug related offenses and a count of disorderly conduct.  To the charge of disorderly conduct, she entered a nolo contendere plea where a guilty plea is entered but the Defendant does not admit to the crime.  She pled nolle prossed to the other 3 charges which means they were dismissed.

The LPN denied engaging in these types of behaviors but the Board believed the court documents and suspended her license for a period of 6 months. The National Council State Board of Nursing for the years 1996 through 2006, collected information showing 126,130 (more nurses than tin the entire state of Indiana!) actions were taken against nurses.  13% consisted of suspension and 7% consisted of revocation.  Suspension is the second most common taken action.  Probation was the most common Board action taken.

But what is interesting about this particular case is that the Board based the suspension on the conviction of a crime of moral turpitude which is an active behavior that gravely violates the sentiment of accepted standard of the community.  However, the Court of Appeals stated that it was not a crime of moral turpitude and disagreed with the Board’s interpretation.

In my limited experience with these types of appeals before a court, this is a great result!  I would love to see more people question the Board and appeal their actions to a regular court so that the Board can stay in check.  Unfortunately, these kinds of matters are very expensive to pursue.  The Boards have unbridled authority to do what they wish … and this needs to stop!  This was an LPN who appealed the decision and I am so glad that the court agreed with her.

What are your thoughts?  Let us know in the comments below.

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Filed Under: Employment, License Protection, Newsletter, Workplace Issues Tagged With: Accusation, appeal, board of nursing, BRN, criminal charges, ethics, nurse, nursing, Nursing Boards, probation, revocation, suspension

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