Texas Board of Nursing v. MS

Facts: MS is a Registered Nurse who has been licensed since 2006, and as an LVN before that since 1998. She has no previous complaints or disciplinary history. She received a notice from Texas Board of Nursing that a complaint had been filed against her by her former employer and an investigation had been opened. The allegations were that, while working as an RN at a dialysis clinic, MS had failed to properly maintain records, follow doctor’s orders, monitor and administer care to a patient who later expired at the ER. She engaged Bertolino LLP to defend her license.

Outcome: Bertolino LLP served a robust narrative response and 14 exhibits to the Texas Board of Nursing Complaint Investigator which showed that the allegations were baseless, unfounded and just plain wrong. The dialysis unit that MS was assigned to was woefully understaffed, and three other nurses had been called off of the floor, leaving MS to care for 14 patients. The medical records of the patient clearly showed that none of her actions led to his demise. The response also included a laundry list of mitigating factors, including letters of recommendation from colleagues and patients regarding MS’s fitness to practice. After this effective advocacy by Bertolino LLP, the Texas Board of Nursing sent notice to MS that “based on the information we have received, there is not sufficient evidence for us to prove a violation of the Nursing Practice Act. Therefore, the investigation has been closed and the investigative file has been expunged from your record. No action will be taken by the Texas Board of Nursing in this matter.”