Facts: Client received a complaint from BON after a patient reported that she failed to discuss severe blood test results leading to an emergency room visit. The patient alleged that after his results were issued, client never called him and he ended up having to report to the emergency room for several days due to low blood sugar.
Outcome: After client provided an initial response and received an order of direct supervision and monitoring, she rejected the order and retained the firm. Formal charges were filed against client and firm provided an answer to the charges. Within the answer the firm argued that client never received the blood test results and advised the patient prior to sending the tests in that the practice he was choosing never faxed the records to client’s facility on time. Evidence was provided that the results came in only after the patient had called to request them and that the patient did not follow client’s order and report back to the practice for a follow up visit. Client admitted to failing to make record of her communications with the patient after the results came in and her advice for the patient to seek emergency hospital services as he was no longer residing in the state of Texas. Based on these arguments the BON modified their order, removed all supervision and monitoring requirements and only required client to complete some continuing education.
