LVNs are essential members of the healthcare team, providing vital care within their defined scope of practice. However, there are instances where LVNs may inadvertently exceed their scope of practice or fail to follow proper protocols, such as notifying a physician. Such actions can lead to disciplinary measures, potentially jeopardizing their careers and patient safety. In these challenging situations, the expertise of a Texas nurse attorney becomes crucial. A nursing license lawyer specializes in the intersection of healthcare and law, offering invaluable support to LVNs facing disciplinary actions.
Incident: LVN Exceeds Scope of Practice and Failed to Notify the Physician
Let us explore an incident involving an LVN at Mission Texas who is allegedly exceeded her scope of practice when she reinserted the gastric tube of a resident back into the resident’s stoma/opening of the stomach and into their abdominal wall without proper education and/or training. In addition, LVN failed to notify the physician, and documented the incident in the resident’s medical record as a late entry the following day. LVN’s conduct exceeded her scope of nursing practice and exposed the resident to risk of harm from potentially adverse complications of improperly placed gastric tubes, such as aspiration, blockage, leakage, and infection. Additionally, LVN’s conduct prevented the physician from being informed about the change in resident’s condition thus exposing the resident to risk of injury.
The RN’s Defense: Challenging Personal Life Issues
The LVN deliberately responded to the allegations without the guidance from a Texas nurse attorney and stated that she was working from 6pm to 6am on August 10, 2022. She was about to do a routine feeding on a gastric tube resident when the resident pulled her gastric tube out. The Foley catheter that was being used as her gastric tube was intact with the bulb still inflated. She quickly retrieved a normal gastric tube and replaced it. She added that she was taught with this in school and had done the procedure in years past, so she believed it was allowed. She did the procedure properly but began to doubt herself and had a panic attack. Because of it, she did not contact the physician and was unable to follow up with her charting. LVN added that she was dealing with several issues in her personal life that contributed to her state of mind at the time.
The Texas Board of Nursing evaluated the incident and determined that the LVN’s actions were harmful to patient safety. Consequently, her license faced disciplinary action. A key factor in the Board’s ruling was that failure to notify the physician and exceeding scope of practice constitutes a violation of the Nursing Practice Act.
The Importance of Legal Representation
Involving a Texas nurse attorney in her defense could have significantly influenced the outcome of this case. Nurse lawyers possess a unique understanding of the legal intricacies involved in navigating disciplinary actions. By leveraging their expertise, nurses can gain numerous advantages.
Texas Nurse Attorney Yong J. An exemplifies the expertise that nurse attorneys provide. He is well-prepared to assist nurses through the complexities of disciplinary proceedings, having represented over 600 nurses before the Board for the past 18 years.
Remember, you don’t have to face these challenges alone. Reach out for support from an experienced professional like Nurse Attorney Yong J. An for a confidential consultation. Available 24/7, he can be contacted directly at (832) 428-5679. Your career and livelihood deserve the strongest defense possible.