LVN was Accused of Noncompliance with Feeding Protocol

LVN was Accused of Noncompliance with Feeding Protocol

As a nurse, it's important to know that even a small complaint can put your career in jeopardy. If someone accuses you of misconduct, the Texas Board of Nursing may launch an investigation that could make your life a mess. That's why it's important to always be professional and do your job well. Not only will it keep you out of trouble, but it also helps keep your patients safe and healthy. The case being described below highlights the need to have a lawyer who specializes in nursing-related cases. Sometimes nurses face complex situations that require legal expertise. A nurse defense attorney has the perfect combination of healthcare knowledge and legal skills to tackle such situations.

Case Scenario: Accused of Noncompliance with Feeding Protocol

At the time of the incident, he was employed as an LVN at a healthcare facility in Beaumont, Texas, and had been in that position for one (1) year.

On or about January 31, 2021, while employed as an LVN at a healthcare facility in Beaumont, Texas, the LVN failed to follow physician orders and the plan of care for a patient, to run continuous tube feeding for the patient and instead turned the feeding pump on and off throughout his shift. Additionally, LVN failed to notify his nursing supervisor and/or the physician that the patient's family continually requested the feeding pump be turned off for activities of daily living and that this had become a daily occurrence. Furthermore, LVN failed to document this request and/or his rationale for turning the feeding pump on and off throughout the shift in the patient's medical record. Subsequently, the oncoming shift found the patient to have abdominal distension. LVN's conduct exposed the patient to a risk of harm in that failure to administer tube feeding formula as ordered by the physician could have resulted in non-efficacious treatment of the patient's condition.

Respondent's Response to the Allegations

Without consulting with an expert nurse attorney, LVN responded to the above incident and stated that he does not recall that the patient experienced abdominal distention on the shift in which he cared for the patient. LVN stated that he did, in cooperation with the patient's parents, pause the continuous feeding pump, upon their request, for activities of daily living. Additionally, LVN mentioned that this was a practice that the family and himself had done many times. Furthermore, the LVN stated that as this had become a routine practice under the supervision of the patient's parents in the ongoing care of the patient, he complied with their wishes to pause the tube feeding intermittently. LVN also added that he does not recall any abdominal distention occurring from the intermittent pauses.

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)(D),(1)(M),(1)(P)&(2)(A) and 22 TEX. ADMIN. CODE §217.12 (1)(A),(1)(B),(1)(C)&(4).

The Texas Board of Nursing gave the LVN enough time to defend the complaints filed against him. However, there was a failure on the LVN’s part to find the right nursing defense attorney to handle his case. The negligence of the RN/LVN nurse attorney led to the decision of the Texas BON to place the LVN’s license under disciplinary action.

Speak with a Nursing License Defense Lawyer Today

Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas nursing defense attorney. Texas Nurse Attorney Yong J. An is one of those dedicated nurse attorneys who helped represent more than 600 nurse cases over the past 18 years. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-5679 for a free legal consultation regarding any accusations from the Texas BON.