This is just one of the many cases why every nurse in Texas is expected to act with prudence in practicing their profession. Gross negligence, disobedience or any form of offense on the part of a RN or LVN is never excused. When facing accusations such as this, it is best to ask a nurse attorney for help before facing the Texas BON.
At the time of the incident, he was employed as an LVN at a hospital in Galveston, Texas, and had been in that position for two (2) years and four (4) months.
On or about May 23, 2020, while employed as an LVN at a hospital in Galveston, Texas, LVN administered Ativan 4 mg by intramuscular (IM) injection to the patient without a documented physician’s order or communicating with the physician. In addition, LVN failed to provide privacy to the patient when he injected her in both buttocks while she stood in the doorway of the medication room. Subsequently, LVN failed to document the administration of the Ativan and IM Benadryl in the patient’s electronic medication record. Further, LVN left his shift without reconciling the narcotic count with the incoming medication nurse. LVN’s conduct resulted in an incomplete medical record and was likely to injure the patient in that administering medications without a physician’s order could result in an ineffective treatment. In addition, LVN’s conduct deprived the patient of the right to privacy.
In response, LVN explains that the charge nurse came into the medication room and informed him that she received a telephone order to administer Ativan 4mg IM. LVN explains that he administered the medication in the doorway of the medication room because this is what the patient demanded after he initially offered the patient privacy. LVN states that the patient only pulled her pants down enough for him to administer the medication. LVN states that after leaving for the night he realized he did not sign out giving the medication in the eMAR, and he called the charge nurse who told him she would sign it with a notation that he administered. LVN further states that he was late coming in to this shift and the charge nurse had already counted narcotics. LVN states that he was scheduled to leave early, and the narcotic count was exactly as it should be due to the Ativan 4mg order and not Ativan 2mg. LVN states that he’s sorry for this incident but does not feel that he was in the wrong.
The above actions constitute 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)(P) and 22 TEX. ADMIN. CODE §217.12 (1)(A),(1)(B),(1)(C),(4)&(10)(B).
The Texas Board of Nursing then subjected the LVN and his 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 300 nurse cases for RNs and LVNs for the past 16 years. You can call him at (832) 428-5679 to get started or to inquire for more information regarding nursing license case defenses.