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The communication of changes in a patient’s condition is pivotal in ensuring timely and appropriate healthcare interventions, particularly in home healthcare settings where nurses play a vital role. However, the incident involving an LVN’s failure to notify the physician about a patient’s change of condition, specifically a blister from hot bath water, raises concerns about potential harm to the patient and the nurse’s professional conduct. In such challenging situations, a nurse attorney emerges as an essential advocate for LVNs. A nurse attorney plays a pivotal role in understanding the legal implications of such allegations and devising a strategic defense for the LVN involved.

At the time of the initial incident, she was employed as an LVN with a home healthcare services provider in Brownsville, Texas, and had been in that position for approximately seven (7) years and eleven (11) months.

On or about December 12, 2020, while employed as an LVN at a home healthcare facility in Brownsville, Texas and assigned to a patient, LVN failed to notify the physician of the patient’s change of condition after a blister formed from hot bath water. LVN’s conduct was likely to injure the patient in that the provider would not have information to base their treatment decisions on.

In response to the above incident, LVN states when the accident occurred, she used the protocol provided to her by her employer which stated to “report immediately to supervisor who will ensure that the location leadership is informed and that appropriate follow up and resolution is achieved”. LVN states she informed the patient’s mother first, then her case supervisor and wrote an incident/accident report.

The above action constitutes grounds for disciplinary action in accordance with Section 301.452(b)(10)&(13) Texas Occupations Code, and is a violation of 22 TEX ADMIN. CODE §217.11(1)(A),(1)(B)&(1)(P) and 22 TEX. ADMIN. CODE §217.12 (1)(A), (1)(B)&(4).

The Texas Board of Nursing then subjected the LVN and her license into disciplinary action. The accusation would have been defended by an experienced and skilled Texas Nurse Attorney, had the LVN hired one. Hiring a Texas Nurse Attorney for defense is applicable for any kind of accusation laid against an RN or LVN.

For more details and to schedule a confidential consultation, you must approach one of the most experienced Texas Nurse Attorney, Yong J. An. He is an experienced nurse attorney who represented more than 500 nurse cases for RNs and LVNs for the past 17 years. You can call him at (832) 428-5679 to get started or to inquire for more information regarding nursing license case defenses.