A licensed nurse in Texas whether an RN or an LVN can and may be subjected to a disciplinary proceeding before the Texas Board of Nursing. Whenever an LVN or RN finds herself/himself in such a situation, he/she will need to find the best nurse attorney in the country. This is important, as it will be your only chance to protect your license. Otherwise, the Board of Nursing may find you guilty of the administrative case or the accusation and the Board may order the suspension or revocation of your license.
At the time of the incident, an LVN was employed as a License Vocational Nurse at a hospital in, Saginaw, Texas, and had been in that position for one (1) month.
It was on or about December 9, 2018, while employed as a Licensed Vocational Nurse, that the LVN delayed a patient’s treatment in that she failed to document an incident report, and assessment, and complete the 24-hour shift record during her shift after the patient sustained a fall. The following day, the LVN admitted to the Director of Nursing and the Assistant Director of Nursing that the patient fell during her shift the night prior. Subsequently, the LVN returned to the facility and completed an incident report, and documented the fall on the 24-hour shift record. The patient was later diagnosed with a fracture to the left hip. The LVN’s conduct resulted in an inaccurate medical record and was likely to injure the patient in that subsequent caregivers would not have complete information on which to base their care decisions. Additionally, the LVN’s conduct exposed the patient unnecessarily to the risk of harm from ineffective treatment and deprived the patient’s physician of the opportunity to institute timely medical interventions to stabilize the patient which resulted in a delay in the patient’s care and recovery.
And on or about December 9, 2018, the LVN failed to give a report to the oncoming nurse after the patient sustained a fall. The LVN’s conduct exposed the patient unnecessarily to the risk of harm in that not giving a report could have resulted in the patient not getting the care needed which resulted in a delay in the patient’s care and recovery.
Then on or about December 9, 2018, while employed as a Licensed Vocational Nurse, the LVN failed to notify the physician after the patient sustained a fall. The LVN’s conduct exposed the patient unnecessarily to the risk of harm from ineffective treatment and deprived the patient’s physician of the opportunity to institute timely medical interventions to stabilize the patient which resulted in a delay in the patient’s care and recovery.
In response to the incidents, the LVN states that she was called to the patient’s room and when she arrived she observed the patient laying on his back on the floor. The LVN states there was vomit on the wall and in the patient’s mouth. The LVN states she asked the patient if he was ok and the patient responded, “yes.” The LVN also states that she checked the patient for bruises, swelling, and open areas and didn’t find any. The LVN states she completed a range of motion (ROM) assessment and helped the patient get in bed. The LVN states she returned to the nurse’s station and called a doctor’s answering service and left a message and started an incident report. The LVN states an oncoming nurse came in shortly afterward and the LVN told him what happened. The LVN states another oncoming nurse arrived and she gave a report to that nurse while she completed the incident report.
After the investigation, the LVN was found to be guilty of violating the Nursing Practice Act and will be facing disciplinary action from the Texas Board of Nursing (BON). The discipline and the sanction were based and are caused pursuant to Section 301.452(b)(10) & (13) wherein the evidence received by the
Board was sufficient to prove the LVN’s conduct and violation(s). It became more difficult when the LVN failed to hire a nurse attorney to defend her as well as her license from the allegations.
Avoid the same thing from happening to your license. If you are looking for a nurse attorney that has a proven track record in this practice area, contact the Law Firm of Nurse Attorney Yong J. An 24/7 by calling or texting him at (832) 428-5679 for a confidential consultation. Mr. An has over 10 years of experience handling Texas Board of Nursing disciplinary action cases and has helped several dozens of nurses in Texas protect their licenses.