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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 35302
Experience:  16 years practicing criminal defense.
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this morning at the end of my 11pm to 7:30 am shift a Cna pointed

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this morning at the end of my 11pm to 7:30 am shift a Cna pointed out an "issue" with a resident. her foot was discolored and she was in severe pain, the CNA stated that it was not the first time she had told va nurse, so i told her i woyld write it on the day report to make sure it didn't go unnoticed this time, when the 7 am nurse came in I asked her to take alook at it, she says she never did, it slipped my mind and at 3pm when I told the nurse replacing me about it I told her I thought we should call the doctor, the Don approached me and told me to come with her, she took me in the resident's room and said look at her foot, it was purple and swollen she wanted to know why it had took me all day to call the doctor and told me it was neglect

Hello,

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Thank you for using JA. I have read your comments above.

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What is your legal question so I can help?

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Thanks

Barrister

Customer: replied 4 years ago.


can they go after my license and am I guilty of neglect


 

Did you actually write it on the day report?
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And you notified the 7am nurse of the patient's condition and requested she examine it?
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What was the outcome of the incident?
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Did the patient suffer any permanent damage or loss of the foot?
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Thanks
Barrister
Customer: replied 4 years ago.

I did write it on the day report, but i was the following nurse as i was working a double.


Don't know what the pt has suffered ambulance arrived as i was being walked out

Ok, you stated in your initial post "when the 7 am nurse came in I asked her to take a look at..."
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So did you notify someone else about in addition to writing it on the day report?
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Thanks
Barrister
Customer: replied 4 years ago.


yes the nurse on the other unit I told her i thought it was cellulitis and could she take a look at it, she is the nurse that usually works that floor so she should actually have seen it before if what the CNA said was true


 

Ok, if you noted it on the day report and also verbally notified another nurse and asked her to examine it, then I would opine that this wouldn't rise to the level of neglect if you had a reasonable expectation that the other nurse would investigate, examine and make sure the patient was treated. But this would likely be considered negligence at a minimum because if you were made aware of it, you had a duty to follow up to make sure that someone examined and treated the patient.
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With that said, the nursing board could charge you with "unprofessional conduct" under 848 IAC 2-3-3 Unprofessional conduct

(7) Abandoning or knowingly neglecting patients/clients requiring nursing care.

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But if there were no severe complications based on the lack of prompt care, I would opine that this would not rise to the level of having the nursing board revoke your license. This would more likely be resolved if brought before the board with a written reprimand.

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However, this would give the hospital grounds to terminate your employment if they chose to.

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Thanks.

Barrister

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Please don't forget to rate my service "OK" or higher. It is only then that I receive credit for my work.

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If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button and I will be happy to continue.

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I am trying to help you understand and resolve your situation but I don't make the laws, so the outcome may not be what you had hoped for.

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Please be patient as I am typically working with several customers at any given time.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

 

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