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The Texas Board of Nursing (BON) has the jurisdiction to hear and decide cases involving the practice of professional nursing in Texas. Any RN or LVN found guilty of violating the state laws and regulations may be subjected to a disciplinary case if not properly defended by a nurse attorney.

At the time of the incident, an LVN was employed as a Licensed Vocational Nurse at a health facility in New Braunfels, Texas, and had been in that position for eight (8) years and two (2) months.

On or about October 24, 2020, while employed as a Licensed Vocational Nurse, the said LVN failed to appropriately intervene, including failure to immediately initiate emergency orders when the pulse oximeter for a ventilator-dependent pediatric patient stopped measuring oxygen saturations. Instead, the LVN went upstairs to awaken the patient’s mother and asked her to change the sensor probe on the pulse oximeter. The mother found the patient unresponsive. A family member called 911, but the patient could not be resuscitated. The conduct of the LVN resulted in a delay in emergency treatment for the patient that was needed to prevent further complications and may have contributed to the patient’s demise.

It was on or about October 24, 2020, while employed as home health licensed vocational nurse, the LVN failed to document any nursing care provided to the pediatric patient between the hours of 1834 through 2219, and 2220 through 0225; including, medications and treatments administered, ventilator checks, tracheostomy interventions, and pulse oximetry readings. The failure of the said LVN resulted in an inaccurate and 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 light of the occurrence, according to the LVN, the pulse oximeter probe began blinking, and states he continued to monitor the patient who did not exhibit any signs of respiratory distress. The LVN states that he later went upstairs to inform the patient’s mother the oximeter was malfunctioning. It was added by the LVN that on their return to the bedside, the patient experienced a sudden change in condition and became unresponsive. He added that he immediately initiated CPR and contacted emergency services, and then stayed on duty after the shift in order to complete documentation.

The LVN failed to properly present and defend her case against the court. She was disciplined and given a warning to suspend her LVN license for violating Texas Board of Nursing regulations.

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No matter how severe a malpractice lawsuit a nurse must undergo, as a defendant, it is your right to get a nurse attorney who can appear with you before the BON.

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