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guest7/31/17's Latest Activity

  1. guest7/31/17

    Fired for saying i might file safe harbor

    Safe Harbor in Texas is law. Its part of the Texas Administrative Code. I posted it earlier. Board however, will not intervene. It does likely rise to the level of a civil suit. But statute of limitations at least in Texas in only 90 days.
  2. guest7/31/17

    Fired for saying i might file safe harbor

    Oh you will get a response. They will tell you there role is not to advocate for nurses but to protect the public. They also will state they have no authority in employment issues. But my fear would be the self admission of not calling SH. Remember the Board investigates greater than 1400 nurses a year. Huge percentage proceed to formal charges. They have no oversight and deny due process of law.
  3. guest7/31/17

    Fired for saying i might file safe harbor

    I agree the Texas Board holds the nurse accountable to duty to call Safe Harbor. Have had case where nurse was charged with failure to call SH though minor incidents occurred due to staffing shortage. BON will not answer your question. They might however, investigate you.
  4. guest7/31/17

    Fired for saying i might file safe harbor

    Texas Administrative Law clearly states you cannot be terminated for calling Safe Harbor either verbally or through electronic form. This is legally actionable. Contact an attorney since statute for filing retaliation or wrongful termination claim is very short.
  5. Do Boards of Nursing Operate With Impunity? I have come to recognize the tragic answer if yes. Boards of Nursing are not held accountable in their adujacation of nurses licenses. The disciplinary process is fraught with incompetence. Investigators are often not even nurses. They frequently have no experience with evaluating medical records from a real life perspective. They often evaluate Pyxis records yet have not the slightest idea how a Pyxis functions or what those records reflect. The only time your case may be evaluated by those who know how nurses or hospitals function is if you are granted an informal hearing. In my case once I could present the accurate interpretation of the records both nurses and attorneys at my hearing agreed as to my obvious innocence. But the informed decision to recommend the charges be dismissed was disrespected by the Director of Enforcement. The decision was ratified based on a misinterpretation of the records and I had no voice. What then is my only hope? There is an opportunity to go before an Administrative Law Judge. But the Board can also completely disregard the Judge's decesion. Where else in our judicial system such allowed, the actual dismissal of a Judge's ruling? The nurse is then denied even civil remedy for having theirs and their families lives destroyed. So in the end, yes the BON operates with impunity.
  6. guest7/31/17

    Confused - Did I may right decision

    I disagree with hiring an attorney. They cost thousands and have no authority with the BON at least in Texas. An Attorney cannot tell your story. You do need assistance and a witness at all hearings. My charges were recommended to be dismissed once i fired my attorney who acted only as a middle man and i finally could tell my story and produce evidence to real live human beings at a informal hearing. Having an attorney prolonged the process by months and denied me the advantage of developing a relationship with my investigator.
  7. guest7/31/17

    Disciplinary Action HELP!!

    Texas Board does allow you to petition for reinstatement. The Texas BON disciplines more nurses than most other states. Their disciplinary actions are steadily and massively increasing. You are among many who believe they have been over disciplined. Read the article, The Collateral Damage to Nursing Licenses Caused by Nursing Board Disciplinary Actions. You can attempt to seek amendment
  8. guest7/31/17

    Board of Nursing Discipline

    As soon as you have received your file from the Board of Nursing review it carefully with a Nurse Advocate. Gather evidence from your file and formulate a timeline. Only you know what mitigating circumstances were at play. Then request an informal hearing. It will likely take months before you hear back from the Board as to whether they "granted" your request for an informal hearing. An informal hearing is not a guaranteed part of the process. After you have been granted a hearing then request that you be permitted at the hearing, to review your complete file that will be brought to the hearing and has been compiled this far. They may refuse your request but respectfully remind your Investigator that the Board's own disciplinary process permits you to review your complete file excluding witness statements and evidence they consider subject to discovery rules. Banker boxes of documents are brought to hearings and pale in comparison to what you were provided when you first requested your file. ATTENDING THE HEARING Go to your informal hearing with a witness. Do not go alone because if the committee decides in your favor the Board may later ratify or deny. Do not take anyone that charges by the hours as the Board will keep you waiting before you are even taken back to your short opportunity to defend your case. You are permitted any reasonable witness, even your spouse to accompany you into the hearing. Have your complete file with you and your notes carefully organized. Dress professionally and conservatively. And be prepared to be humble and conciliatory. If you did do something wrong the committee wants to know you recognize this and are willing to take accountability. THE SETTING You will sit in a conference room facing at least six representatives to the Board. These representatives are not the Board of Nursing. They represent the Board and can only make recommendations to the actual Board. TAKE NOTES, DOCUMENT, DOCUMENT, DOCUMENT Have your witness take thorough notes in the form of minutes to include the names of the committee members and their title. The committee members are made up of attorneys, your Investigator, other Investigators, nurses, and a Legal Nurse Consultant. If the committee's recommendations to the Board are denied or are ratified, you will need these minutes as there will be no other documented evidence available to you, of what was said in the hearing. REQUEST TO REVIEW THE HUGE FILE THEY BRING TO THE HEARING Your Investigator will have at your hearing your complete file and it will be much larger than what you received. Ask if you might review their file. Advise the committee you are not sure you received everything you might need to review and would like that opportunity now. If you discover anything in your file that you have not been provided request you be provided a copy. PRESENT YOUR CASE Present your case utilizing evidence found in your file. Present to the committee a time line of events that you formulated well before. Answer any questions politely and calmly. THE COMMITTEE'S DECESION After a short time you will dismissed to await the committees decision. If the decision is adverse, ask with respect what evidence they are basing their decision on. They are likely to answer with a global answer such as "the same evidence you were provided." Ask if they might be specific so that you may review the evidence and if need be take accountability. Tell them your goal is to understand what you are being accused of and that you wish to take any responsibility you should take. Document for your future reference any evidence they are basing their declension on. You will need this to later rebut the evidence. Even if the decision is in your favor ensure you take careful notes as to their decision. And don't start celebrating yet. Though you may be bursting as the seems and even relieved, do not tell anyone else what the committee decided. WAIT ANOTHER MONTH The committee will represent to the Board their recommendations. There will be no one to advocate for you or to ensure the Board has a clear understanding of the facts. The Board may choose to not respect the committee's recommendations and even order the charges be expanded upon. I have never been able to determine if influencing the Board's later unilateral decision is the employer's response to any proposed resolution. Since it takes at least a month for your Investigator to inform you of the Board's actual decision I suspect the initial complainant has had the opportunity to respond to the committee's recommendations. I have been there and know the fear. Please feel free to reach out for support at cnlegalnurse@gmail.com
  9. guest7/31/17

    Preventable Medical Error 3rd leading cause of death

    In 2010, the Office of Inspector General for the Department of Health and Human Services said that bad hospital care contributed to the deaths of 180,000 patients in Medicare alone in a given year. Now comes a study in the current issue of the Journal of Patient Safety that says the numbers may be much higher — between 210,000 and 440,000 patients each year who go to the hospital for care suffer some type of preventable harm that contributes to their death. That would make medical errors the third-leading cause of death in America, behind heart disease, which is the first, and cancer, which is second
  10. guest7/31/17

    Preventable Medical Error 3rd leading cause of death

    The researchers caution that most of medical errors aren't due to inherently bad doctors, and that reporting these errors shouldn't be addressed by punishment or legal action. Rather, they say, most errors represent systemic problems, including poorly coordinated care, fragmented insurance networks, the absence or underuse of safety nets, and other protocols, in addition to unwarranted variation in physician practice patterns that lack accountability. Unwarranted variation is endemic in health care. Developing consensus protocols that streamline the delivery of medicine and reduce variability can improve quality and lower costs in health care. More research on preventing medical errors from occurring is needed to address the problem,” says Makary. Michael Daniel of Johns Hopkins is a co-author on the study. I as most nurses I suspect would agree the majority of unsafe conditions placing patients at risk have their inception in the hospital systems. Systems set up and manipulated to create maximum profit while utilizing minimal resources. Examples would be the use of emergency room metrics, failure to enforce specialist such as surgeons are available to come in to attend to patients in need of urgent intervention, deliberate nurse understaffing in a day of a surplus of nurses, boarding critically ill patients in regular ER beds for days, tolerance of horizontal violence, hospitialist covering several hospitals on one shift and often covering remotely even from their home in other cities and the cult of silence enforced by the cycle of intimidation. Consider the Baylor University Hospitals cover up and permitting of a grossly negligent neurosurgeon. Permitting him to harm and disable several patients amongst many reports from other concerned health care providers. Failures to hold him accountable and silencing those speaking up lead to many unnecessary catastrophic outcomes. A not so uncommon culture of cover up in many hospitals. Why???? Protecting profit and reputation of what most hospitals are now, huge coorperations. It's epidemic, pervasive, well protected and killing our patients. The question every healthcare provider must ask themselves is does it matter to them. Do protecting your patients matter enough to you that insist the minimal standard of care is adhered to simply because it is right and our first duty is to the patient....NOT OUR EMPLOYER
  11. guest7/31/17

    Preventable Medical Error 3rd leading cause of death

    You are correct there are three spelling errors and the fashion is conversational. You may find it more informative to read the research. The literature is replete with this recent finding regarding preventable medical errors. Thank you kindly.
  12. guest7/31/17

    I'm the DON but the company is going to get me in trouble

    You care about the patients. Cooperate or head administration cares about protecting their positions period.
  13. John Hopkins recently released a study identifying preventable medical error as the third leading cause of death. Did that statement immediately make you feel angry or conflicted? Not because you believe it's untrue but instead your experience as a hospital nurse may have proven to you it's true.Nurses struggle every day to put their patients first in unsafe environments often permeated with the threat of intimidation, bullying, and retaliation if they speak up. Nurses predominantly live in a culture of fear. We know why patients are often placed at risk. We are the eye witnesses to acts of negligence. Sleepless nights, fear, anxiety disorders. Do you find yourself trapped in a cycle of anxiety knowing what your Nurse Practice Act holds you independently accountable to and yet hospital administration putting you in a position where you can't adhere to your NPA by charting contemperaneosly, giving medications on time, finding someone available to waste controlled substances at the time you withdraw them, preventing failures to rescue, preventing that confused patient from falling while you are beyond busy with a completely unmanageable assignment, or forbid, forbid reporting as is your duty to do a Physcian who consistently practices with reckless disregard? We know the truth. Yet we are afraid to speak up. Afraid of loosing our job or worse finding ourselves charged with a felony like nurses in Texas found themselves when they dared to report a Doctor they had documented evidence of a pattern of malpractice. Years later, their lives destroyed they were vindicated. The end result, securing the cult of silence, changes were made by the Texas Medical Board forbidding anonymous reporting of impaired or dangerous practitioners. You do what you have a duty to do and report and you can be assured of having your career wiped out, blackballed (common practice by hospitals in Texas.) IT MUST STOP, WE MUST START TELLING OUR STORIES ABOUT WHY PATIENTS ARE HARMED OR KILLED IN HOSPITALS while nurses daily try to keep our patients safe. Let's start the conversation now. Tell me your stories. Our patients deserve that we start the conversation.

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