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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 and result 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 for this matter.

At the time of the incident, she was employed as an LVN with a home health and hospice care provider in Killeen, Texas, and had been in that position 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 that she was scheduled to see the patient for a monthly catheter change. LVN states that after inserting a new 20 Fr catheter, she realized that 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 that 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 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 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)(M) and 22 TEX. ADMIN. CODE §217.12 (1)(A)&(1)(B).

As a result, the Texas Board of Nursing decided to place her LVN license under disciplinary action. It’s too bad that she failed to hire a nurse attorney for assistance, knowing that she had every reason to defend herself in the first place. Her defense would have gotten better if she sought legal consultation from a Texas nurse attorney as well.

So, if you’re facing a complaint from the Board, it’s best to seek legal advice first. Texas Nurse Attorney Yong J. An is willing to assist every nurse in need of immediate help for nurse licensing cases. He is an experienced nurse attorney for various licensing cases for the past 16 years and represented over 300 nurses before the Texas BON. To contact him, please dial (832)-428-5679 for a confidential consultation or for more inquiries.