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Becoming an RN/LVN is a privilege to have. But being an RN or an LVN was never easy. So, if a nurse is having trouble at work and has violated protocol that they did not wish to commit, a nurse attorney is always there to help. A nurse attorney can be your form of defense against accusations and complaints.

At the time of the incident, an LVN was employed as a Licensed Vocational Nurse at a facility in Odessa, Texas, and had been in that position for two (2) months.

On or about January 6, 2018, the LVN charted in the narcotics log an amount used of .25m1 of pain medication for the patient, however, the overall pain medication on hand had decreased by 5m1 per LVN’s documentation. The LVN’s conduct was likely to injure the patient in that the administration of pain medication in excess dosage of the physicians’ order could result in the patient suffering from adverse reactions.

And on or about January 6, 2018, the LVN failed to ensure her documentation of a pain assessment, a follow-up assessment of as-needed pain medication’s effectiveness, and vital signs taken during the shift saved in the patient’s electronic medical chart for patient MH. Additionally, the LVN held scheduled medication for the patient, without documenting that the patient refused the medication. The LVN’s conduct resulted in an incomplete medical record and was likely to injure the patient in that subsequent caregivers would not have accurate and complete information on which to base their care decisions.

In response to the incident, the LVN stated that the patient requested pain medication, and the LVN sought counsel from a more experienced nurse before giving it since this was the LVN’s first day working by herself following new employee training. The LVN stated that she administered 0.25mL of pain medication, as ordered, with a Certified Nurse Aide (CNA) present and she documented the same on the paper chart.  A Medication Aide confirmed that the dose was correct afterward. The LVN added that the order was to give 0.25mL by mouth every four (4) hours as needed for pain to equal 5mg per dose. The LVN stated that she checked on the patient three (3) more times during her shift and vitals were normal. She documented in two (2) places that she administered the proper dosage of 0.25mL of pain medication and indicated the same to the oncoming shift nurse.

The LVN states that it is unclear why the narcotics log showed a 5mL decrease in pain medication administrations, however, it is possible that someone else did not log administration or remaining medication properly. The LVN states that she and another nurse filled in the amount on hand of 29.25mL from a previous entry, and then measured the remaining volume of 24.25mL, and did not notice the discrepancy. The LVN states that had she been given the unaccounted amount of 4.75, in pain medication, the patient would have likely experienced overdosing effects long before she was taken to the hospital nine (9) hours later. The LVN further states that given the patient’s age of 102, diagnosis of pneumonia, and bilateral metastatic lung cancer, the respiratory rate of 8 is likely unrelated to the pain medication given to her by Respondent.

The above incident had caused the Texas Board of Nursing (BON) to place the LVN and her license into disciplinary action. The LVN should have sought assistance from an experienced and skilled nurse attorney to provide clarifications on the case. Having a good and reliable nurse attorney around during a trial or any proceedings can result in a different outcome.

If you’ve ever made any errors or misdemeanors outside or during your shift as an RN or LVN, and you wish to preserve your career and your license, an experienced nurse attorney is what you need. You may contact Nurse Attorney Yong J. An, an experienced nurse attorney for various licensing cases for 16 years, can assist you by contacting him at (832) 428-5679.