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In the realm of healthcare, honesty and integrity are paramount, especially when it comes to patient care documentation. Unfortunately, there are instances where healthcare professionals, like LVNs, deviate from these ethical standards. In cases where fraudulent practices, such as falsifying nursing visit notes and timesheets, come to light, the expertise of a nurse attorney becomes crucial. A nurse attorney can provide essential guidance in navigating the legal intricacies, ensuring accountability for the involved healthcare professional, and maintaining the ethical standards of patient care.

At the time of the incident, LVN was employed as an LVN with a home health care provider in Houston, Texas, and had been in that position for three (3) months.

On or about April 29, 2021, while employed as an LVN with a home health care provider in Houston, Texas, and assigned to provide nursing care to a patient, LVN completed and submitted fraudulent nursing visit notes for a visit she did not actually make. Additionally, LVN submitted a fraudulent timesheet for hours she did not work. Further, LVN falsified the caregiver’s signature on her visit notes. LVN’s conduct resulted in an inaccurate medical record and was likely to injure the patient in that subsequent care givers would not have accurate information to base their future care decisions.

Without the guidance from an experienced nurse attorney, the LVN responded to the above incidents, LVN stated the patient did not answer the door. LVN states she added a nursing note to document what was going on, however, after fifteen (15) minutes of unsuccessful attempts she signed the patient’s name under the caregiver signature section. She states the caregiver section option was often used if the patient requested a family member to sign out a visit. LVN states a signature was required on the tablet to move on to the next visit. LVN states she saw the patient several days before and mistakenly documented her notes on the wrong date. LVN admits she submitted the note when she should have missed it as she did not see the patient that day.

The above action constitutes grounds for disciplinary action in accordance with 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) and 22 TEX. ADMIN. CODE §217.12 (1)(A), (1)(B),(1)(C),(4),(6)(A)&(6)(H).

The Texas Board of Nursing then subjected the LVN’s license to disciplinary action. The accusation would have been defended by an experienced and skilled nurse attorney, had the LVN hired one. Hiring a nurse attorney for defense is applicable for any kind of accusation laid against an RN or LVN.

Always remember that anyone can file a complaint against an RN/LVN with the state board for any reason. When this happens, all complaints need to be taken seriously no matter how trivial or unfounded they may appear. A nurse attorney is someone who can help you defend your license when the state board summons you. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas RN license attorney. Texas Nurse Attorney Yong J. An is an experienced nurse attorney for various licensing cases for the past 17 years and represented over 500 nurses before the Texas BON. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-5679.