Select Page

RNs or LVNs facing allegations of violating state laws or Texas Board of Nursing (BON) regulations, including negligence, should seek immediate assistance from a nurse attorney. Their expertise can be pivotal in determining the outcome of their case, as a lack of proper defense could lead to serious consequences such as license suspension or revocation.

At the time of the incident, the LVN was employed as a Licensed Vocational Nurse at a hospital facility in Texarkana, Texas, and had been in that position for five (5) months. 

On or about November 10, 2020, while employed as a Licensed Vocational Nurse, the LVN failed to timely assess vital signs and recognize a change in the patient’s condition when the patient was found without a nasal cannula on and the patient’s family asked the LVN to check vitals at 0441. Specifically, the patient was receiving supplemental oxygen support for shortness of breath and COVID-19-positive status. The LVN returned to the patient’s room approximately thirty (30) minutes later to check the patient’s oxygen saturation and the patient was not moving or breathing, per video footage. When the patient’s family requested that the LVN try to wake the patient up, via two-way video and speaker, the patient was unresponsive to sternal rub. The patient was pronounced deceased by a registered nurse at 0528. Additionally, the LVN failed to completely and accurately document assessments or interventions performed in response to the change of condition. The LVN’s conduct resulted in an incomplete and inaccurate medical record and was likely to injure the patient in that changes in the patient’s respiratory status may have gone undetected and prevented a timely intervention. 

In response to the incident that happened, the LVN stated that the oxygen was properly set up at the correct rate, the oxygen generator was functioning properly, had unrestricted flow, and the oxygen feed line to the patient’s nasal cannula was correctly connected and inserted into the patient’s nares. The LVN reported that before inserting the nasal cannula into the patient’s nares he felt oxygen flowing from the nasal cannula and it was unimpeded. The LVN mentioned that he ensured the placement of the nasal cannula by checking how resistant it was to being removed by the patient, by tugging on the nasal cannula, and that he measured SpO2 with a pulse oximeter unit and reviewed the results by adjusting the oxygen generator setting if necessary In addition, all times these issues were addressed by himself and the nurse on duty. The LVN also said that the patient was observed by himself at two (2) hour intervals or less. The LVN added that when he did not observe the patient, the certified Nursing Assistant (CNA) was instructed to do so and she was thoroughly briefed as to what was to be done and what time increments she should be doing so. It was also stated by the LVN that it was noted that the patient removed his nasal cannula frequently, so the CNA was instructed to physically check the installation of the nasal cannula by touching and tugging on it, and adjusting it if needed. 

Because of the incident, the LVN was disciplined by the Board of Nursing. 

The Texas Board of Nursing decided to discipline her license as a result of her actions, this highlights the importance of securing skilled legal representation. Unfortunately, her failure to hire a competent nurse attorney meant her defense did not effectively counter the evidence that the Board possessed, underscoring the significant impact of legal counsel in such matters.

A good nurse attorney is always the best line of defense for these cases. This is the reason why Nurse Attorney Yong J. An is dedicated to helping those nurses in need settle their cases. For a private consultation and other inquiries, it’s best to contact him for assistance by dialing (832)-428-5679.