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The practice of nursing demands a meticulous understanding and adherence to the scope of practice guidelines to ensure patient safety and well-being. In such cases where nurses face allegations of exceeding their scope of practice, a nurse attorney plays a crucial role in navigating the legal complexities surrounding nursing practice. Nurse attorneys are equipped to conduct a thorough evaluation of the situation, including a detailed examination of the nurse’s actions and adherence to the established scope of practice.

At the time of the initial incident, she was employed as an LVN at a medical facility in McAllen, Texas, and had been in that position for one (1) year and five (5) months.

On or about August 10, 2022, through August 27, 2022, while employed as an LVN at a medical facility in McAllen, Texas, LVN exceeded her scope of practice when she abruptly discontinued the Seroquel, Celexa, and Gabapentin that was ordered for a patient who exhibited symptoms of mental status change and wandering behaviors. In addition, LVN ordered Depakote and Zoloft and subsequently increased the dose of Depakote. The patient experienced worsening of behaviors including verbal and physical aggression, hallucinations, intrusiveness, undressing and fixation on being killed. Subsequently, the patient experienced a psychotic break and was transferred to a behavioral health hospital on August 30, 2022. LVN’s conduct was likely to injure the patient from care provided without the benefit of knowledge and expertise from the appropriate licensed personnel.

Without consulting with a nurse attorney, LVN responded to the above incident and stated during the time she provided care to the patient, the physician approved all medication orders, and she followed all recommended treatments for advancing Alzheimer’s dementia and various medical conditions of the patient.

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