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Patient care in correctional facilities demands timely and appropriate actions to ensure the well-being of those in custody. Unfortunately, there are instances where LVNs may face allegations of inadequate care and failure to take necessary measures when faced with critical medical situations. Such actions can have serious consequences for the patient’s health and raise concerns about the LVN’s fitness to provide proper care. To navigate the legal complexities of this situation and protect the LVN’s rights, a nurse attorney can offer essential legal support, 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 at a correctional facility in Temple, Texas, and had been in that position for two (2) years and three (3) months.

On or about November 9, 2020, while employed as an LVN at a correctional facility in Temple, Texas, LVN failed to notify a physician after receiving an elevated blood sugar reading for a patient and released the patient back to his cell with instructions to contact the emergency department if his symptoms did not improve instead of ensuring the patient’s blood sugar was stable and/or obtaining orders for additional interventions. LVN’s conduct created a substantial risk of harm for the patient due to potential adverse complications of untreated fluctuations in blood glucose.

In response, LVN states she was notified by an officer that an inmate was complaining of chest pain and needed to see medical. When LVN assessed the patient, he reported heartburn, that he had not used the bathroom in three days, and that he had started metformin but since it messed up his stomach, he had not been taking it. LVN states that since the patient was taking metformin, though she did not see a diabetes diagnosis in his chart, she checked his blood sugar and it read “HI.” LVN states that she instructed the patient to make sure to take his metformin as scheduled, because his result was high. LVN checked his EKG to make sure he was not having a heart issue, and it showed normal sinus rhythm. LVN provided the patient milk of magnesia and instructed him on constipation protocol. Looking back LVN states that she should have called the provider when she saw the high reading but believes she did not because she was focused on the patient’s complaints, the patient’s comments after being told the level was “HI” that he uses his diet to control his blood sugar and that she may have thought it was caused by the patient not taking his medication. LVN states that she talked to the patient about compliance to the plan of care, told him she would be working the next day, and if the problem was not resolved then to call for medical attention. LVN adds that she found out later that the patient wrote a sick call request the next day on November 10th, complaining of the same problem, but his request was not scanned in for two days.

The above action constitutes grounds for disciplinary action in accordance with Section 301.452(b)(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).

The Texas Board of Nursing gave the LVN enough time to defend the complaints filed against her. However, there was a failure on the LVN’s part to find the right RN/LVN license attorney to handle her case. The negligence of the RN/LVN license attorney led to the decision of the Texas BON to place the LVN’s license under disciplinary action.

Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas RN/LVN 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.