The provision of accurate and timely medical care is crucial, particularly in home health care settings where patients rely on the expertise and diligence of RNs/LVNs. However, there are unfortunate instances where lapses in care occur, leading to serious concerns about patient well-being and the nurse’s professional responsibilities. Such actions can have severe consequences for patient health and raise significant legal concerns about the LVN’s competence and adherence to professional standards. To address these complex legal matters and protect the LVN’s rights, a nurse attorney can provide vital legal expertise, guiding the LVN through potential disciplinary proceedings and advocating for a fair resolution while addressing the allegations in a just and appropriate manner.
At the time of the initial incident, she was employed as an LVN with a home health care provider in Texarkana, Texas, and had been in that position for two (2) years and three (3) months.
On or about January 2, 2020, through February 25, 2020, while employed as an LVN with a home health care provider in Texarkana, Texas, LVN failed to administer, and/or document that she administered fifteen (15) scheduled medications to a patient, as ordered by the physician. LVN’s conduct was likely to injure the patient in that failing to administer medications as ordered by the physician could result in the patient suffering from non-efficacious treatment and/or creating an incomplete medical record.
On or about January 3, 2020, through February 11, 2020, while employed as an LVN with a home health care provider in Texarkana, Texas, LVN submitted multiple incomplete nursing visit notes for the above mentioned patient. LVN’s conduct created an incomplete medical record and was likely to injure the patient in that subsequent care givers would not have complete information to base their future care decisions.
In response, LVN states she administered every medication that was ordered for the patient. LVN adds that the charting system didn’t have a recognized MAR so she had to write down each medication she gave on the charting system that was available, and this made it difficult to have an actual system that would show what medications were given and at what time. LVN states the incomplete nursing notes were due to a lack of organization on her part and of the company. LVN adds it was difficult to keep up with nurses notes because there were always rules that were changing on how to submit the notes or what needed to be charted.
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)(D) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(1)(C)&(4).
However, without enough evidence to prove she’s not guilty, the LVN lost the case. This is the reason why the Texas Board of Nursing placed her LVN license under disciplinary action.
If you ever undergo cases such as this, it’s best to seek the assistance of a good nurse attorney as it could make the case better in your favor. Be sure to find a nurse attorney who is experienced and knowledgeable in several nurse cases to ensure the best assistance possible. Texas Nurse Attorney Yong J. An is willing to assist every nurse in need of immediate help for nurse licensing cases. He is an experienced nurse attorney for various licensing cases for the past 16 years and represented over 300 nurses before the Texas BON. To contact him, please dial (832) 428-5679 for a confidential consultation or for more inquiries.