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 defense attorney becomes essential in navigating the legal complexities, protecting the LVN’s rights, and ensuring a fair and thorough evaluation of the matter.
Incident Scenario: Delayed Medical Intervention
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 by causing a delay in resuscitation efforts for the patient who subsequently died.
LVN’s Response to the Allegations
Having not consulted with a Texas nurse defense attorney, the LVN responded that two other Hendrick employees had seen the patient before him and neither had pressed the code button. LVN stated he was with another patient when a nurse’s aide notified him of the patient’s status. He immediately went to check the 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 stated 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 the LVN stated 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, due to a failure to find an appropriate RN/LVN license attorney, the LVN was unable to provide a strong defense. As a result, the BON had to take disciplinary action against the LVN’s license. It is essential to find a competent and experienced RN/LVN license attorney who can provide the necessary legal guidance and support to defend against allegations and ensure the best possible outcome.
Are you in need of a Texas Skilled Nurse Defense Attorney?
Contact the Law Office of Attorney Yong J. An 24/7 through text or call at (832) 428-5679 for a free private consultation regarding any accusations from the Texas BON. He is ready to do everything necessary to protect your nursing license and your livelihood. The sooner you contact our firm, the sooner we can help you resolve your case.
Don’t hesitate to reach out to us for assistance.