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There are times when mistakes at work could be inevitable, which is why a nurse attorney can assure full assistance over such errors. Delayed medical intervention

At the time of the incident, an LVN was employed as a Licensed Vocational Nurse at a health facility in Midland, Texas, and had been in that position for two (2) years and four (4) months. 

On or about December 18, 2016, while employed as a Licensed Vocational Nurse, the said LVN failed to call the physician herself, and/or call Emergency Medical Services (EMS) when the patient experienced a change in condition including swelling in her neck and complaints of difficulty swallowing and breathing. Instead, the said LVN contacted the LVN ADON, who then contacted the physician and obtained an order for an antibiotic. Six (6) hours later, the patient was transferred to the hospital for a higher level of care at the family’s request and treated for cellulitis in her neck/face. The LVN’s conduct was likely to injure the patient from a delay in medical intervention, and independent medical decisions made by a Licensed Vocational Nurse. 

In the aftermath of the incident, according to the LVN, she came on duty at 0600 in the morning on December 18, 2016, and nothing was given in the report on the patient. The LVN states that at approximately 0700, she assessed the patient and noted that the patent had slight swelling to the left side of her face that was red and warm to the touch. It was also added by the LVN that she notified the weekend on-call Licensed Vocational Nurse (LVN), who then notified the Director of Nursing (DON). In addition to that, the DON followed up with her, the LVN informed her of the findings, and no new orders were received at that time. It was stated by the LVN that the patient remained in bed, which was unusual, did not eat breakfast, and refused pain medication as she was in too much pain. The said LVN said that at 1130, she assessed the patient again and per facility protocol, she notified the LVN of the condition change, who then notified the doctor and obtained an order for Rocephin. The patient’s pain did not subside and the swelling continued to the left side of her face and began to spread to her left ear, across the front of her neck, and right side of her face. The LVN also states that the LVN was again notified of the condition change, and instructed the said LVN to follow her nursing judgment. According to the LVN, the patient’s Power of Attorney was notified of the condition change and informed that the patient would be sent to Childress Regional Medical Center for further evaluation. She was in the process of determining how the patient would be shipped when the patient’s niece said she wanted the patient to go via ambulance. It was added by the LVN that the patient’s niece called 911 herself, and the patient was out of the facility with Hall County EMS at 1335.

It was a policy that a nurse should immediately intervene during medical emergencies and not neglect the needs of patients.

However, her lack of an experienced nurse attorney to properly defend her case led to the suspension of her license. 

Do you have questions about the Texas Board of Nursing disciplinary process? Contact The Law Office of Nurse Attorney Yong J. An, for a confidential consultation by calling or texting 24/7 at (832) 428-5679 and ask for attorney Yong.