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Prompt and decisive action during medical emergencies is critical for patient safety and well-being. In healthcare settings, especially when working as an LVN, the ability to respond swiftly and appropriately to critical situations can make a significant difference in patient outcomes. Such delays in response time can have serious consequences for patients in distress. When confronted with allegations of inadequate emergency response, seeking the assistance of a nurse attorney becomes essential in navigating the legal complexities, protecting the LVN’s rights, and ensuring a fair and thorough evaluation of the matter.

At the time of the initial incident, he was employed as an LVN at a medical facility in Irving, Texas, and had been in that position for six (6) years.

On or about January 23, 2021, while employed as an LVN at a medical facility in Irving, Texas, LVN failed to use the emergency call button, code button, or his locator at 0610 when he was told by the technical assistant that a patient was found unresponsive. Instead, LVN left the room to find his computer to determine the patient’s code status. Subsequently, LVN then waited until the charge nurse was available to ask what to do, which caused a 5-minute delay in intervention. LVN’s conduct was likely to cause injury or death in causing a delay in resuscitation efforts to the patient who subsequently died.

In response, LVN states, two other Hendrick employees had seen the patient before him and neither had pressed the code button. LVN states he was with another patient when a nurse’s aide notified him of the patient’s status. LVN states he immediately went to check that patient’s pulse and breathing. As a nurse, LVN indicates he had never been in a code and had only been a nurse for six (6) months, and further states that on the oncology floor most patients are DNR and for some reason had in his mind that this patient was a DNR. LVN states he left the patient and looked for the charge nurse, in a partial state of shock, unclear what to do. The charge nurse informed the patient was a full code, and LVN states he returned to the room and initiated CPR.

The above actions constitute 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)(M) and 22 TEX. ADMIN. CODE §217.12(1)(A), (1)(B)&(4).

The Texas Board of Nursing gave the LVN enough time to defend the complaints filed against him. 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.