It is a nurse’s duty to ensure patients are getting the proper treatment they need in a timely manner. They should also follow the physician’s order, and no order should be missed. A missed order could harm a patient. Some LVNs tend to miss orders, which results in unnecessary harm to a patient. If this happens, an LVN should be prepared in case he or she will be summoned by the Board for such conduct. An LVN can hire a nurse attorney in this matter.
At the time of the incident, she had been employed as an LVN with a home health and hospice care provider in Killeen, Texas, for four (4) years and three (3) months.
On or about July 13, 2020, while employed as an LVN with a home health and hospice care provider in Killeen, Texas, LVN inappropriately inserted a 22 French gauge (Fr) Foley catheter for a patient instead of a 20 Fr Foley catheter as ordered. Subsequently, the patient was admitted to the hospital that evening with blood in the urine, an elevated temperature, painful urination, and was diagnosed with a urinary tract infection. LVN’s conduct exposed the patient to a risk of harm from incorrectly sized catheter tubing placement, including urethral pain, injury, or infection.
In response, LVN states she was scheduled to see the patient for a monthly catheter change. LVN states that after inserting a new 20 Fr catheter, she realized it was defective and the balloon could not be inflated. LVN states that she instructed the patient and caregiver that they should go to the hospital, but they refused. LVN states that she did not have another 20 Fr size catheter with her and would have to take approximately an hour to go to the office and obtain another one; LVN only had a size 22 Fr catheter with her. The patient’s caregiver said she should do what was necessary since the patient refused to go to the hospital. LVN states that she inserted the 22 Fr catheter to avoid further complications of urinary retention, meant to be a temporary insertion until the family sought medical attention. LVN states that she obtained a urine return of slightly pink but clear flowing urine to the catheter drainage bag. LVN adds that she texted the Registered Nurse supervisor regarding the situation but received no response.
The action above violates 22 TEX. ADMIN CODE and is subject to disciplinary action per the Texas Occupations Code. As a result, the Texas Board of Nursing decided to place her LVN license under disciplinary action. It’s unfortunate that, despite having every right to defend herself in the first place, she didn’t seek the advice of a nursing attorney. Her defense would have done better if she had also consulted with a Texas nurse attorney.
Therefore, you should get legal counsel first if the Board has filed a complaint against you. Yong J. An, a Texas nurse attorney, is prepared to assist any nurse who requires emergency assistance with anything related to a nurse license. For the past 16 years, he has defended over 300 nurses in licensing disputes before the Texas Board of Nursing. He can be reached at (832)-428-5679 for additional information or to schedule a private appointment.