Documentations have been a signature specialty of a nurse attorney when handling cases for some nurses. However, some nurses tend to forget this fact because they really felt like they should be responsible even if they never intended to commit such an error.
At the time of the incident, she was employed as an LVN at a correctional facility in Fort Worth, Texas, and had been in that position for one (1) year.
On or about April 15, 2020, while employed as an LVN at a correctional facility in Fort Worth, Texas, LVN failed to completely and accurately document provider orders for ibuprofen and clindamycin into the medical record of a patient. Subsequently, the medications were not entered on the patient’s medication administration record and the patient did not receive either medication. LVN’s conduct exposed the patient to a risk of harm from the omission of pain medication and antibiotic medication ordered by the physician which could have resulted in the non-efficacious treatment of the patient’s condition.
In response, LVN states that the patient came in at the end of LVN’s shift with complaints of feeling hot, heavy, and her head hurt. Additionally, her throat was red and swollen. LVN states that she took a phone order from the nurse practitioner for clindamycin and ibuprofen, and immediately provided the patient with a card that contained ibuprofen in a bubble pack since it was a keep-on-person (KOP) medication. LVN states that she placed the order for the clindamycin, which would take a few days to be delivered from the pharmacy, and since it was also a KOP medication. She gave two- or three days’ worth of the medication to the patient in an envelope. LVN states that she entered the medications onto the provider orders page and printed the additional set of labels that were to be placed on the medication administration record (MAR). LVN states that the MAR was kept in a different building, and she could not leave her post at that time, so she left the stickers for the oncoming nurse to place onto the MAR. LVN states that she has reviewed the records and it appears that the stickers were not placed on the MAR, nor was there a notation made of what date the KOP medications were given to the patient.
The above actions constitute grounds for disciplinary action in accordance with Section 301.452(b)(10)&(13), Texas Occupations Code, and a violation of 22 TEX. ADMIN. CODE §217.11(1)(A),(1)(B),(1)(C)&(1)(D) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(1)(C)&(4).
Because of this, the LVN was summoned by the Texas Board of Nursing to defend her side but the LVN failed to hire a nurse attorney to help her with her case and without proper defense, the Texas Board of Nursing then decided to place her LVN license under disciplinary action.
If you also received a letter from the Texas Board of Nursing regarding a case or complaint filed on you, you should hire a nurse attorney immediately before it’s too late. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas nurse attorney. Texas Nurse Attorney Yong J. An is one of those dedicated nurse attorneys who helped represent more than 200 nurse cases for the past 16 years. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-4579 for a confidential consultation regarding any accusations from the Texas BON.
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