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Ensuring patients’ safety, the integrity of health records and trust in a healthcare system is essential to maintain the highest standards for honesty, transparency and accuracy when it comes to documentation. The key role in respecting these standards is played by nurses, who are primary caregivers in the documentation of patients’ care. The credibility of healthcare providers, as well as the potential for harm to patients and fraud in healthcare facilities, is undermined by any deviation from these ethical obligations, e.g. falsification of clinical records or submission of falsified time sheets. In order to deal with complex healthcare legislation and regulations, a nurse attorney has the experience necessary for an impartial assessment of incidents.

Sample Case: LVN Submitted False Documentation and Deceptive Timesheets

The initial incident happened when the RN was employed as an LVN at a health care facility in Beaumont, Texas, on or about the 19th until the 20th of November, 2020. While assigned to provide skilled nursing care for a patient, the LVN falsely documented her nursing visit notes, including assessments, vital signs, feedings, and medication administration. Moreover, the patient reported the LVN had left her scheduled shift at 1430 yet the LVN documented providing care until 2000 each day. Additionally, the LVN submitted fraudulent timesheets for hours she did not work. LVN’s conduct resulted in an inaccurate medical record and was likely to defraud and deceive the facility of money paid to the LVN for hours not actually worked. In addition, LVN’s conduct was likely to injure the patient in that subsequent caregivers would rely on her documentation for further care.

In her defense, she said that the patient’s mother allowed her to leave the home due to the patient having a doctor’s appointment. The LVN stated that he had left the client’s home because she could not accompany them to the doctor due to COVID-19 practices and policies at the doctor’s office. Furthermore, the LVN admitted that she filled out her time sheet with her regular hours out of forceful habit and she expressed admission that this was irresponsible of her, which she assessed to be an honest mistake and of human error. The action taken by the LVN, unfortunately, calls for attention towards the board of Texas in nursing, wherein the LVN involved must hire a proficient nurse attorney to guide her along the process. 

The above actions constitute grounds for disciplinary action per 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)&(2) and 22 TEX. ADMIN. CODE §217.12(1)(A), (1)(B),(1)(C),(4),(6)(A)&(6)(H). The evidence against the LVN was strong. At the same time, she was not able to properly defend her case in court. As a result, her nursing license was placed under disciplinary action by the Texas Board of Nursing (BON).

Make sure to find the right defense attorney in case a complaint will be filed against you before the Texas Board of Nursing (BON). To remain guarded, it’s best to contact an experienced Texas nurse attorney. Texas Nurse Attorney Yong J. An is an experienced nurse attorney who successfully represented more than 600 nurse cases for RNs and LVNs over the past 18 years. You can call him at (832) 428-5679 to get started or to inquire for more information regarding nursing license case defenses. Consult us now!