OSBN Complaint and new APS charge

Published

I was notified about a complaint from the OSBN. I do not have . I have contacted an attorney, but am waiting for a reply.

The complaint was that I failed to order and administer Vanco to a CDiff patient post DC from SNF. The patient was DC'd from SNF with only 2 doses left of Vanco and should have had 12 doses left.

I know I didnt do anything wrong, as I tried everything I could think of to get a refill but the patient eventually passed (several weeks later) and the complaint alleges I directly caused patient harm.

I am so freaked out. I know I am a good nurse, but cannot remember what I charted and what I didnt. We (the ALF I was working in) were so short staffed that often times I was passing meds and doing direct patient care that I am not sure if I accurately charted everything!

Has anyone had anything similar? I am so afraid they will take my license!

Any comments are appreciated!

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Specializes in Travel, Home Health, Med-Surg.

So if I understand you correctly, the pt was dc'd from SNF to Assisted Living and was supposed to continue Vanco 12 more doses but received only 2 more? What were the DC orders from the SNF. If the dc orders were for 2 more doses and that is what the (new) MD ordered I don't understand how this was your fault. But I am confused by your stmt re: trying to get a refill , did you know it was supposed to be 12 and nobody ordered it, only ordered 2, or none at all? The complaint outcome will depend on these factors and your charting. I am glad you have an attorney. Don't do/say anything until you speak to him/her.

Sorry you have to go through this, I am sure it is very stressful right now!

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The patient was supposed to get 12 more doses of Vanco for a total of 10 days, but upon returning from SNF, there was only 2 more doses in the bottle equalling only 7 days. SNF orders read for 10 day total treatment. SNF wouldnt refill and PCP wouldnt refill until patient was seen. Of course this all happened over a weekend!

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Specializes in Travel, Home Health, Med-Surg.

I don't understand your dosing. Either way you don't say how/why this pt died. There could be many reasons why this pt died that don't have anything to do with not receiving the Vanco. That is why you should not say anything until you talk to your attorney and get the records, especially if you cant remember the incident/what you charted.

Hope it all works out well!!

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Also don't ever "waive" a hearing or anything else, this can be admission of guilt.

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On 4/1/2019 at 11:06 PM, tchippers said:

The patient was supposed to get 12 more doses of Vanco for a total of 10 days, but upon returning from SNF, there was only 2 more doses in the bottle equalling only 7 days. SNF orders read for 10 day total treatment. SNF wouldnt refill and PCP wouldnt refill until patient was seen. Of course this all happened over a weekend!

I am incredibly confused but the number of does / number of days math here, so I hope I have this straight.

Bottom line. She was discharged from a unit (with access to a pharmacy and 24/7 medical support) immediately before a weekend with inadequate medications to last until it was likely that a doctor could assess patient, order more and you could receive the required extra doses.

It's not news to any nurse with any experience that a ALF probably can't get Vanco over a weekend. The unit that discharged her with inadequate supplies is at fault here. As long as you have documented that the medication was ordered but not supplied and that the PCP was notified that is the end of you responsibility here. If you think maybe you didn't document calling the doctor. That is a problem. Review the chart immediately. Write a statement for record detailing exactly what action you took, you probably can't add it to the chart at this point but its good to write it all down while its some what fresh in your mind. Don't talk to anyone about this without legal representation.

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This page will give you a good idea of what license actions the OSBN takes and why. Specific examples are given going back a year. Whether it can be proved that the not given Vanco was related to the death or not, I think the BON's response pretty much will depend on what you documented about your interventions related to the missing doses of Vanco.

https://www.oregon.gov/osbn/Pages/disciplinary.aspx

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I received a complaint from OSBN for resident negligence in obtaining medication which lead to patient harm. The med was Vancouver for C Diff. Patient was DC’d from rehab to ALF without enough med for weekend. I obtained lawyer. Went to meet investigator. Found out ALL my progress notes in chart are MISSING. My former employer states they provided everything available. From what the OSBN has obtained it looks as though I am guilty. I have informed my lawyer and OSBN investigator of missing documents. I have a witness that corroborates my story and that I did document. OSBN is still investigating and I wait

if that wasn’t enough, my current employer just received notice from APS that they have substantiated abuse against me for the same issue my current employer had me leave site immediately.

Im at a loss now! How can I fight the fact that all my documentation has mysteriously gone missing? I have a witness but I’m afraid that’s not enough!

Im out of a job now and had no so not sure I can continue to pay attorney.

I have never had complaint, med error, discipline, coaching or anything in my 10 years as a nurse.

Im sitting here, without a job ( that I love) not knowing where to turn.....

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Sorry, med was Vancomycin

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Specializes in Critical Care; Cardiac; Professional Development.

I am so sorry you are going through this. As this site is NOT private, your situation IS specific and this information IS discoverable, don't discuss it here. You need to keep your lawyer at all costs.

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Thank you

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Specializes in Education, FP, LNC, Forensics, ED, OB.

Duplicate threads merged.

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