Facing any allegations may compromise your career and an experienced Texas nurse attorney could provide you the best help. If you have any valid reasons, you may refer to a nurse attorney to provide further defense against your case.

On or about November 23, 2017, an LVN from Boerne, Texas failed to notify her supervisor, and the physician of a patient, that the pulse oximeter machine was possibly not working properly; that the mother of the patient turned it off at 6:45 pm, and therefore she was unable to check the aforementioned patient’s oxygen saturation level continuously as ordered; and be warned if the oxygen saturation started to fall.

Eight hours later, the patient’s ventilator apnea alarm sounded; the patient was unresponsive and cyanotic. The LVN initiated cardiopulmonary resuscitation (CPR), and 911 emergency medical services (EMS) arrived and transported the patient to the hospital, where resuscitation efforts were unsuccessful.

The LVN’s conduct deprived the patient’s physician and supervisor the opportunity to institute interventions, and was likely to injure the patient from possibly undetected changes of condition.

When summoned by the Texas Board of Nursing, the LVN states that the patient’s mother told her that the patient had an emergency trach change on the prior shift, and that a new pulse oximeter machine had been delivered as the previous one was having problems. She states that she had never been instructed to contact her employer if there was any issue with durable medical equipment (DME) being used, but had been instructed to directly contact the DME company.

The LVN indicates that the mother told her that she had contacted the company, the hospital, and agency Case Manager regarding the newly delivered pulse ox machine malfunctioning with a false alarm going off repeatedly, and had been assured that it would be replaced as soon as possible.

The LVN indicates that the trach was midline, patent and secured, the lungs were clear bilaterally, respirations were even and unlabored, and the initial pulse oximeter reading was 97%. She asserts that she attempted to troubleshoot the machine each time the monitor falsely alarmed by checking the contact pads/probe and cable, repositioned the sensor, and checked all cable connections.

The LVN explains that the pulse oximeter would monitor intermittently, but did periodically show “failure to detect signal” setting the alarm off. She relates that the patient’s mother became very frustrated and irritated that it was waking her daughter up when it was apparent that she wasn’t having any respiratory distress, had normal vital signs, was pink in color, and the mother insisted on turning the pulse ox monitor off at 6:45 pm.

The LVN states that the patient’s pulse at that time was 156, and not 220 as indicated on the machine. She adds that she explained to the mother the importance of monitoring the baby’s oxygen saturations even if it falsely alarmed, but the mother remained adamant that it stay off. She adds that she was in the difficult position of trying to balance the wishes of the mother, and provide appropriate care to her patient.

The LVN adds that about 3 am the patient’s color changed from pink to dusky blue, and the ventilator alarm went off showing apnea respiratory rate (RR) dropping; she immediately assessed the patient, and notified the parents who called 911, and she started CPR. The LVN states that EMS arrived, took over CPR, and transferred the patient to the hospital.

However, she failed to hire an experienced nurse attorney to defend her.

The Texas Board of Nursing subjected the LVN and her license into disciplinary action. The assistance of a nurse attorney could have helped the case become better for the RN. So if you ever encounter such an issue, it’s best to contact Nurse Attorney Yong J. An at (832) 428-5679 for a confidential consultation.