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An experienced nurse attorney has surely helped a lot of RNs and LVNs when it comes to cases that may lead to disciplinary action. Unfortunately, not all nurses were able to hire a nurse attorney as they underwent such cases. This incident that an LVN committed in October 2017, was one of those examples.

On or about October 10, 2017, through October 25, 2017, while employed as a Licensed Vocational Nurse in a child health center in Austin, the LVN allegedly failed to follow the physician’s plan of care for a patient, in that she failed to conduct visits for the patient as ordered by the physician. Her conduct was likely to injure the patient in that failure to follow the physician’s plan of care could have resulted in non-efficacious treatment.

On or about October 25, 2017, she failed to notify the appropriate supervisor and give a report to the patient’s primary caregiver before leaving the patient’s home. Furthermore, the patient’s father woke up at 0400 and noticed the LVN was gone even though the LVN was scheduled to work until 0600. The patient’s father also noticed the patient was asleep, but not wearing his continuous positive airway pressure (CPAP) as ordered by a physician. Additionally, she admitted to leaving the shift at 0315. Her conduct exposed the patient unnecessarily to risk of harm in that leaving the nursing assignment could have resulted in the patient not getting the care needed.

The Texas Board of Nursing has full jurisdiction over all cases regarding errors committed by an RN or LVN. Thus, she was called by the Board to defend against the case.

During the hearing, the LVN denies the allegation and states the physician’s plan of care was followed and the patient received treatment as ordered. She also states she left her nursing assignment at 0315. However, she relates she notified the patient’s father, at the beginning of her shift, that she had a sick child at home and may need to leave early. The patient’s father approved for the LVN to leave early. Additionally, the patient’s father requested for the patient’s continuous positive airway pressure (CPAP) to be disconnected before the LVN’s departure. Before leaving, she gave a verbal report to the patient’s father who nodded his head and acknowledged her report and departure.

The following incident and defense against the case caused the Texas Board of Nursing to place the LVN and her license into disciplinary proceedings. She would have sought assistance from a good nurse attorney to provide clarifications towards the case.

It’s best to seek the help of a nurse attorney when facing different complaints and allegations. However, some nurses tend to face these results instead without thinking that nurse attorneys are always reliable for matters such as these.

If you’ve ever done any errors during your shift as an RN or LVN, and you wish to preserve your career and your license, an experienced nurse attorney is what you need. Nurse Attorney Yong J. An, an experienced nurse lawyer for various licensing cases for 14 years, can assist you by contacting him at (832) 428-5679.