All LVN or RN is under the jurisdiction of the Texas Board of Nursing (BON). All complaints or cases concerning the practice of their license are lodged before the Texas Board of Nursing (BON). Thereafter, the members of the Board will hear the case and decide on the issues or matters submitted for resolution. The parties charged are given the opportunity to be heard with the help of a nurse attorney. This is part of their right to due process.

At the time of the initial incident, the RN was employed as a Vocational Nurse at a medical facility in Lubbock, Texas, and had been in that position for two (2) months.

It was on or about May 10, 2018, the LVN inappropriately accepted an assignment to care for a patient when she lacked the training, experience, and documented demonstration of competency to safely care for the aforementioned patient, who had complex nursing care needs and was high acuity. The patient required highly skilled complex nursing care including frequent tracheal suctioning to maintain her tracheostomy airway, monitoring and responding to ventilator alarms due to ventilator dependency, monitoring and reporting oxygen saturations, administration of continuous enteral tube feedings via the gastrostomy-jejunostomy (GJ) tube, site care of the GJ tube, monitoring of the IV peripherally inserted central catheter (PICC) line, PICC site dressing changes, and administration of intravenous (IV) total parenteral nutrition (TPN) and lipids. In addition, the LVN failed to obtain instruction and supervision as needed for encountering unfamiliar patient care situations. The LVN’s conduct exposed the patient to the risk of harm from the care provided without the benefit of knowledge and expertise from the appropriate licensed personnel.

In response, the LVN states she was oriented to the patient on May 9, 2018, with the Director of Nursing (DON) and the respiratory therapist who explained the use of all the respiratory equipment, vent settings, in-line suctioning, and re-demonstrated all respiratory procedures. The LVN relates she was already familiar with the respirator, trach, TPN infusion, and enteral feedings as she had cared for similar patients in the past, and had been educated/oriented at her previous jobs. Respondent explains the DON also oriented her with the patient including her infusion pump, enteral feeding pump and settings, IV access, GJ tube button, and thoroughly went over the patient’s Plan of Care (POC) and family expectations. Respondent adds that she then did a return demonstration of the necessary skills. Respondent states after the DON went over the proficiency checklist and reviewed the nursing skills, she felt comfortable accepting care of the patient. Respondent indicates that she was told the patient was stable and she appeared to be like previous patients, so didn’t see her as high acuity requiring only RN care.

Unfortunately, without an experienced nurse attorney to help her defend her case, she was disciplined and possible additional sanction will be given by the Texas Board of Nursing if the LVN will not comply.

If you ever undergo cases such as this, it’s best to seek the assistance of a good nurse attorney as it could make the case better in your favor. Be sure to find a nurse attorney who’s experienced and knowledgeable in several cases to ensure the best assistance possible.

If you also received a complaint regarding a case or complaint filed on you, you should hire a nurse attorney immediately before it’s too late. Texas nurse attorney Yong J. An is one of those dedicated lawyers who has helped various RNs and LVNs in their cases since 2006. You may contact him 24/7 at (832) 428-5679 for more information or if you want to schedule a private consultation.