An experienced nurse attorney has surely helped a lot of RNs and LVNs when it comes to cases that may lead to disciplinary action. Unfortunately, not all nurses were able to hire a nurse attorney as they underwent such cases.
Alleged Misconduct of the LVN
At the time of the incident, an LVN was employed as a Licensed Vocational Nurse at a hospital in Galveston, Texas, and had been in that position for one (1) month.
On or about December 9, 2018, while employed as a Licensed Vocational Nurse, the LVN delayed the 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 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.
On or about December 9, 2018, the LVN failed to give a report to the oncoming nurse after a 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.
On or about December 9, 2018, the LVN failed to notify the physician after the patient sustained a fall. Respondent’s conduct exposed the patient unnecessarily to 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.
The LVN’s Defense: Her Side of the Story
In response, the LVN stated 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 states she checked the patient for bruises, swelling, and open areas and did not find any. The LVN states she completed a range of motion (ROM) assessment and helped the patient get in the bed. The LVN states she returned to the nurse’s station, called a doctor’s answering service 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 reported to that nurse while she completed the incident report.
The following incident and defense against the case caused the Texas Board of Nursing to place the RN and her license into disciplinary proceedings. She should have sought assistance from a good nurse attorney to provide clarifications for the case.
Let Us Safeguard Your Nursing Career! Contact Us Today!
If you’ve ever made any errors during your shift as an RN or LVN, and you wish to preserve your career and your license, an experienced nurse attorney is what you need. Nurse Attorney Yong J. An, an experienced nurse lawyer for various criminal cases for 16 years, can assist you by contacting him at (832) 428-5679.