Saturday, August 20, 2005
Nursing Board needs to discipline Ollie Miller RN
December 20, 2004
Board of Nurse Examiners
Attn: Anthony Diggs, MSCJ, Director
Enforcement Division
P.O. Box 430
Austin, Texas 78767-0430
Re: Complaint of Ollie Miller R.N. regarding Nursing Practice Act 217.12
Unprofessional Conduct subsection (1), (13), (16), and (22).
(1) Failing to know and conform to the Texas Nursing Practice Act
(13) Failing to obtain instruction or supervision for which one lacks educational preparation, ability, knowledge and/or experience
(16) Causing or permitting emotional abuse to the client or the public
(22) Providing information which was false, deceptive, or misleading in connection with the practice of professional nursing.
Enclosed are several serious complaints logged against Ollie Miller RN who as the Senior Nurse Investigator was responsible for gathering, analyzing and preparing the investigative material of several patient charts which she reviewed for the Texas State Board of Medical Examiners (TSBME) prior to and after my license was “temporarily suspended” by the TSBME on July 19,2002.
The initial complaint from the TSBME on July 19, 2002 contained a total of 18 counts. By the time the State Office of Administrative Hearing was completed in early November 2002, the Second Amended Complaint indicated 5 counts were dismissed altogether by the ALJ as not having any credible evidence and /or factual. Of the remaining 13 counts, multiple other allegations within the Complaint were also dismissed as not being factual. The complaint of the TSBME alleged standard of care violations as compiled and reviewed by Nurse Miller. According to the Proposal for Decision SOAH Docket 503-02-3656, page 191 paragraph 8,”staff failed to establish that Dr. Chalifoux violated an accepted medical standard of care in his treatment of patients TL, ML, JS, GB, PR, TT, BR, HS, CP, or EA. Out of 93 Findings of Fact in the Second Amended Complaint, 11 were removed by the ALJ following the hearing in Nov.2002 as not being evident in the patient records. Of the remaining 82, the PFD demonstrated that an additional 78 findings of fact were not factual and not proven by the TSBME staff. This leaves 4 remaining findings. This means that Nurse Miller investigation revealed that the charts contained at best 4 actual facts out of 93 that demonstrated potential breaches in the standard of care or 4.3% rate of proving the allegations were factual. One would expect much more from an employee of a State Agency especially the Board of Medical Examiners whose mandate is to protect the public and physicians. This nurse has been licensed by your agency and must be investigated by your agency.
These revelations identify a serious problem with Nurse Miller who by history was an OB/Gyn nurse. She had no formal training in Neurosurgery or Spine Surgery and thus the results of the Hearing demonstrate violations of subsection (13), and (22).Several examples of providing false, deceptive or misleading information follow consistent with violations in subsection (22).
Patient TL- Nowhere in the patient’s chart does it reflect that I left the O.R. without a doctor in the room. Additionally, in the first complaint, it had been stated that I had left the building to go to another facility. That was determined to not be factual.
Patient EF- The allegation that I misdiagnosed the patient is not found. In fact it is stated throughout the chart what his diagnosis was.
Patient ML- The allegation was written in such a way as to implicate me as causing the pneumothorax, and wound infection in this patient. The chart however during the hearing revealed quite obviously that the anesthesiologist had caused the pneumothorax and the nursing staff had caused the wound infection by leaving the patient in her own stool for four hours.
Patient JS- The allegation was again written to implicate me as the doctor who had placed an epidural steroid injection in the patient’s back when in fact an anesthesiologist had performed the ESI.
Patient GB- The allegation stated that I had performed a laminectomy and fusion on a person in which I had in fact only performed a decompression and repair of a congenital cyst.
Patient PR- Allegations that I had left the O.R. without another doctor or ensuring availability of fluro equipment was made which after review of the chart could not be demonstrated.
Patient TT- Allegations that the patient’s primary physician recommending something other than was done was alleged and review of the chart again demonstrated the complete opposite. Allegations of not diagnosing the correct medical condition were again not demonstrated after reviewing the patient’s chart. I was also accused of performing an EJD procedure (G.I. endoscope) which I have no experience in doing.
Patient CY- Allegations of an infection were never found in the chart. Multiple other mistakes by Nurse Miller including allegations of not leaving timely post-op orders were found to be wrong after reviewing the chart.
Patient AJ- Allegations of not identifying, documenting and mistreating a wound infection were again not found when the chart was reviewed during the hearing. Allegations of discharging the patient to rehab with a wound infection were made but further review of the chart demonstrated that this had not happened.
Patient BR- Allegations were made that the patient had suffered intraoperative complications including an MI and pulmonary insufficiency were again not demonstrated during the hearing when the chart was reviewed.
Patient HS- Allegations that the patient was still having problems from the surgery were again unfounded and blamed on me. When the chart was reviewed, it was found that the patient had suffered a fracture while in rehab and had developed severe pain from that, not from the back surgery. The surgery was not ill-advised as demonstrated in the chart and during the hearing.
Patient CP- Allegations of deep venous thrombosis were made which was never found in the chart. It was also noted during the hearing that the surgery was no overly aggressive, nor ill-advised.
Patient EA- Allegations were made about not reporting a fracture of the Anterior Superior Iliac Spine (ASIS) as a complication. This again was not identified on the chart as the Op note clearly stated that a fracture had occurred and was repaired during surgery. Another allegation stated that no postoperative x-rays had been ordered and this again was demonstrated to have not been the case when reviewing the chart.
These are examples of gross negligence since Nurse Miller’s failure to correctly investigate these patients led to misinformation going to the TSBME. One would not expect this from an experienced and “Senior Investigator”. These acts are violations of the Texas Nursing Practice Act subsection (1), (13), as well as (22). Furthermore, by allowing this misinformation into the investigation, Nurse Miller violated subsection (16) causing emotional abuse to the public, ie, my wife, family, staff, current patients and ultimately me and my reputation, since the TSBME took this information as being factual and made their decision to “temporarily” suspend my medical license.
Board of Nurse Examiners
Attn: Anthony Diggs, MSCJ, Director
Enforcement Division
P.O. Box 430
Austin, Texas 78767-0430
Re: Complaint of Ollie Miller R.N. regarding Nursing Practice Act 217.12
Unprofessional Conduct subsection (1), (13), (16), and (22).
(1) Failing to know and conform to the Texas Nursing Practice Act
(13) Failing to obtain instruction or supervision for which one lacks educational preparation, ability, knowledge and/or experience
(16) Causing or permitting emotional abuse to the client or the public
(22) Providing information which was false, deceptive, or misleading in connection with the practice of professional nursing.
Enclosed are several serious complaints logged against Ollie Miller RN who as the Senior Nurse Investigator was responsible for gathering, analyzing and preparing the investigative material of several patient charts which she reviewed for the Texas State Board of Medical Examiners (TSBME) prior to and after my license was “temporarily suspended” by the TSBME on July 19,2002.
The initial complaint from the TSBME on July 19, 2002 contained a total of 18 counts. By the time the State Office of Administrative Hearing was completed in early November 2002, the Second Amended Complaint indicated 5 counts were dismissed altogether by the ALJ as not having any credible evidence and /or factual. Of the remaining 13 counts, multiple other allegations within the Complaint were also dismissed as not being factual. The complaint of the TSBME alleged standard of care violations as compiled and reviewed by Nurse Miller. According to the Proposal for Decision SOAH Docket 503-02-3656, page 191 paragraph 8,”staff failed to establish that Dr. Chalifoux violated an accepted medical standard of care in his treatment of patients TL, ML, JS, GB, PR, TT, BR, HS, CP, or EA. Out of 93 Findings of Fact in the Second Amended Complaint, 11 were removed by the ALJ following the hearing in Nov.2002 as not being evident in the patient records. Of the remaining 82, the PFD demonstrated that an additional 78 findings of fact were not factual and not proven by the TSBME staff. This leaves 4 remaining findings. This means that Nurse Miller investigation revealed that the charts contained at best 4 actual facts out of 93 that demonstrated potential breaches in the standard of care or 4.3% rate of proving the allegations were factual. One would expect much more from an employee of a State Agency especially the Board of Medical Examiners whose mandate is to protect the public and physicians. This nurse has been licensed by your agency and must be investigated by your agency.
These revelations identify a serious problem with Nurse Miller who by history was an OB/Gyn nurse. She had no formal training in Neurosurgery or Spine Surgery and thus the results of the Hearing demonstrate violations of subsection (13), and (22).Several examples of providing false, deceptive or misleading information follow consistent with violations in subsection (22).
Patient TL- Nowhere in the patient’s chart does it reflect that I left the O.R. without a doctor in the room. Additionally, in the first complaint, it had been stated that I had left the building to go to another facility. That was determined to not be factual.
Patient EF- The allegation that I misdiagnosed the patient is not found. In fact it is stated throughout the chart what his diagnosis was.
Patient ML- The allegation was written in such a way as to implicate me as causing the pneumothorax, and wound infection in this patient. The chart however during the hearing revealed quite obviously that the anesthesiologist had caused the pneumothorax and the nursing staff had caused the wound infection by leaving the patient in her own stool for four hours.
Patient JS- The allegation was again written to implicate me as the doctor who had placed an epidural steroid injection in the patient’s back when in fact an anesthesiologist had performed the ESI.
Patient GB- The allegation stated that I had performed a laminectomy and fusion on a person in which I had in fact only performed a decompression and repair of a congenital cyst.
Patient PR- Allegations that I had left the O.R. without another doctor or ensuring availability of fluro equipment was made which after review of the chart could not be demonstrated.
Patient TT- Allegations that the patient’s primary physician recommending something other than was done was alleged and review of the chart again demonstrated the complete opposite. Allegations of not diagnosing the correct medical condition were again not demonstrated after reviewing the patient’s chart. I was also accused of performing an EJD procedure (G.I. endoscope) which I have no experience in doing.
Patient CY- Allegations of an infection were never found in the chart. Multiple other mistakes by Nurse Miller including allegations of not leaving timely post-op orders were found to be wrong after reviewing the chart.
Patient AJ- Allegations of not identifying, documenting and mistreating a wound infection were again not found when the chart was reviewed during the hearing. Allegations of discharging the patient to rehab with a wound infection were made but further review of the chart demonstrated that this had not happened.
Patient BR- Allegations were made that the patient had suffered intraoperative complications including an MI and pulmonary insufficiency were again not demonstrated during the hearing when the chart was reviewed.
Patient HS- Allegations that the patient was still having problems from the surgery were again unfounded and blamed on me. When the chart was reviewed, it was found that the patient had suffered a fracture while in rehab and had developed severe pain from that, not from the back surgery. The surgery was not ill-advised as demonstrated in the chart and during the hearing.
Patient CP- Allegations of deep venous thrombosis were made which was never found in the chart. It was also noted during the hearing that the surgery was no overly aggressive, nor ill-advised.
Patient EA- Allegations were made about not reporting a fracture of the Anterior Superior Iliac Spine (ASIS) as a complication. This again was not identified on the chart as the Op note clearly stated that a fracture had occurred and was repaired during surgery. Another allegation stated that no postoperative x-rays had been ordered and this again was demonstrated to have not been the case when reviewing the chart.
These are examples of gross negligence since Nurse Miller’s failure to correctly investigate these patients led to misinformation going to the TSBME. One would not expect this from an experienced and “Senior Investigator”. These acts are violations of the Texas Nursing Practice Act subsection (1), (13), as well as (22). Furthermore, by allowing this misinformation into the investigation, Nurse Miller violated subsection (16) causing emotional abuse to the public, ie, my wife, family, staff, current patients and ultimately me and my reputation, since the TSBME took this information as being factual and made their decision to “temporarily” suspend my medical license.
// posted by texas shammed @ 5:47 PM 
