Betty Smith

CRNA V. BON

Client was investigated by the BON for separate incidents of alleged impairment and failing to properly monitor and/or document events while patient was under anesthesia during a surgical procedure. Client hired the firm, who thoroughly reviewed the relevant materials and engaged a forensic toxicologist to refute the BON’s primary evidence. Instead of the Board’s proposed public TPAPN Order, the firm was able to secure the client’s confidential TPAPN participation limited to three years (instead of the five years usually required for APRNs). Client was able to continue working as a CRNA without TPAPN’s normal 1-year prohibition of access to controlled medications and client’s TPAPN participation was unable to be presented as adverse evidence in an associated civil medical malpractice proceeding.

LVN V. BON

Client engaged in a romantic relationship with an inmate patient. Although the two ultimately were married upon the patient’s release, the BON sought to revoke the nurse’s license. The nurse retained the firm upon the BON filing Formal Charges and the firm successfully negotiated a 2-year probation of the nurse’s license at a SOAH mediation.

RN V. BON

Client was arrested for assault-family violence and interfering with an emergency call after drunkenly assaulting her spouse and throwing his cell phone against a wall when he tried to call 911. She retained the firm for assistance with her RN renewal in disclosing the arrest and deferred adjudication to the nursing Board. The firm was able to obtain an early expunction of the arrest and court records, severely limiting the required disclosures to the BON and precluding any potential referral of the nurse to the Texas Peer Assistance Program for Nurses (TPAPN).

RN V. BON

Client was the primary nurse for a medically complex patient who coded while under his care and subsequently expired several days later. After responding to the nursing Board’s allegations that the client failed to properly assess and intervene, the Board proposed a two-year Agreed Order of probated suspension. After careful preparation and extensive review of the relevant materials (which included witness affidavits, communication logs, medical records, and cardiac rhythm strips, among other things), the firm prepared for and attended an Informal Settlement Conference (ISC) with the client where they presented a solid case that the client had appropriately assessed and intervened on behalf of this particular patient, and that her eventual unfortunate demise was the result of factors beyond the client’s control. The BON panel decided to close their investigation without any disciplinary action.

APRN V. HOSPITAL

Client was referred to the Nursing Peer Review Committee for allegedly not following up with radiology after ordering STAT imaging for a patient who presented with worsening scrotal pain and swelling. Client retained the firm to advise and prepare him and to ensure the hospital was following the correct procedures. After careful review of the documentation and circumstances, Client successfully presented his case to the NPRC and avoided a report to the BON.

RN V. HOSPITAL

Client was called before a Nursing Peer Review Committee (NPRC) for allegations that she failed to timely notify the attending physician of a Category III fetal heart rate tracing and failed to go up the chain of command. Client retained the Firm after NPRC proceedings had concluded, and the committee determined that Client’s actions warranted reporting to the BON. After submitting a rebuttal statement to the NPRC on Client’s behalf identifying numerous due process violations, the hospital decided to conduct NPRC proceedings de novo (anew). After comprehensive review of the records and hours of one-on-one preparation with the client, the hospital cancelled its NPRC review of the client prior to the committee meeting and reversed its decision to report her to the BON.

LVN v. BON

The BON sought to deny LVN client reinstatement of her license based on a faulty psychological evaluation which inappropriately diagnosed her with a chronic antisocial personality disorder. Client had previously failed to complete enrollment in TPAPN as ordered by the BON following a positive drug test for marijuana, and Client’s LVN license was subsequently revoked by default. The firm carefully selected and engaged an alternate evaluator who discredited and refuted the initial evaluator’s conclusions and recommended Client’s license be reinstated. The firm effectively represented Client in reinstating her LVN license with two years of stipulations and minimal drug testing requirements.