Select Page

In nursing care, obtaining the correct diagnosis or result is very important. By doing so, the patient can receive the right treatment he/she needs. If an LVN fails to do it correctly and if something bad happens to the patient due to the LVN’s misconduct, the LVN will be subjected to disciplinary action by the Board. The LVN involved with such a case can ask for help from a nurse attorney.

At the time of the initial incident, she was employed as an LVN at a correctional facility in El Paso, Texas, and had been in that position for three (3) months.

On or about July 19, 2020, through July 20, 2020, while employed as an LVN at a correctional facility in El Paso, Texas, LVN failed to adequately assess a resident/detainee and intervene when the patient presented for intake to the facility. The patient had diagnoses of hypertension, insulin dependent diabetes, and asthma, and had a blood pressure reading of 166/99 on admission. LVN failed to contact the jail physician for medication orders pertinent to his diagnoses and failed to assess the patient’s glucose levels. Additionally, the patient was brought back to the nurse’s station later during LVN’s shift, and the patient reported shortness of breath. LVN assessed his heart rate to be 115 and oxygen saturation at 90%, though she failed to obtain other vital signs or glucose readings; and again, failed to notify the physician. The patient never received insulin or other medications while in custody and expired on July 22, 2020. LVN’s conduct was likely to injure the patient from clinical care decisions based upon incomplete assessment information and deprived the physician of information that would be required to institute timely medical interventions to stabilize the patient’s medical conditions.

In response, LVN states that when she performed the intake screening on the patient, he reported asthma, diabetes, and hypertension. LVN states that he was placed on a diabetic diet; she made request for his medical records and active prescriptions from identified physicians; and placed the patient on daily blood pressure checks and daily insulin checks. LVN states that when the patient was returned to the nurse’s station later, he complained of shortness of breath. LVN states that the initial pulse oxygenation reading was 90%, but when he coughed and it was rechecked, it went up to 92%. LVN states that the patient was placed in a medical observation cell so he could be monitored. LVN states that she instructed the inmate that he should attempt to sit up a bit while sleeping since it was difficult for him to breathe while lying down flat. LVN adds that there were no mandatory nursing protocols in place at the time for sick calls or emergency situations. LVN’s involvement with the patient was limited to two evaluations, one at the time of intake on July 19, 201 5 and the other in the early morning hours of July 20, 2020. LVN was not present at the facility following 5:00 a.m. on July 20, 2020. The patient subsequently expired forty-eight hours later when LVN was not present.

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)(M),(1)(P)&(2)(A) and 22 TEX. ADMIN. CODE §217.12.(1)(A),(1)(B)&(4).

Because of this, the LVN was summoned by the Texas Board of Nursing to defend her side but the LVN failed to hire a nurse attorney to help her with her case and without proper defense, the Texas Board of Nursing then decided to place her LVN license under disciplinary action.

If you also received a letter from the Texas Board of Nursing regarding a case or complaint filed on you, you should hire a nurse attorney immediately before it’s too late. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas nurse attorney. Texas Nurse Attorney Yong J. An is one of those dedicated nurse attorneys who helped represent more than 300 nurse cases for the past 16 years. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-5679 for a confidential consultation regarding any accusations from the Texas BON.