Facts: SHR is a Registered Nurse who has been licensed since 2019 with no complaints or disciplinary history. She received a notice from Texas Board of Nursing that a complaint had been filed against her and an investigation had been opened. She engaged Bertolino LLP to defend her license. The allegations were that, while working as an RN at a home health care service, SRH had failed to properly maintain records, monitor or administer care to a patient, who subsequently expired.
Outcome: Bertolino LLP served a response and 5 exhibits to the Texas Board of Nursing Complaint Investigator which showed that: SRH was neither employed with the home health care service during the initial dates of allegations and then she was a new employee on orientation during the later period of time at issue; SRH was not assigned to care for the patient – other nurses and staff were; SRH did not have a nurse-patient relationship and did not have a duty to care for the patient because she was not identified in the medical records as a primary caregiver. Medical records, organizational structure and policy records were requested from the home health care service by the Texas Board of Nursing Complaint Investigator but were never supplied. After effective advocacy by Bertolino LLP, the Texas Board of Nursing sent notice to SRH that “[t]he investigation conducted by this office has been closed” and there was no sanction on SRH’s license.
