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A skilled, knowledgeable, and experienced nurse attorney can assist you with cases you may deny committing. However, a lack of a nurse attorney could subject you and your license to any possible sanction, depending on the severity of your misconduct or any violations you may commit.

At the time of the incident, an LVN was employed as a Licensed Vocational Nurse at a hospital in Timberwood Park, Texas, and had been in that position for four (4) years and three (3) months.

On or about July 1 3, 2018, while employed as a Licensed Vocational Nurse, the LVN inappropriately inserted a 22 French gauge (Fr) Foley catheter for the 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. The LVN’s conduct exposed the patient to a risk of harm from incorrectly sized catheter tubing placement, including urethral pain, injury, or illness.

In response to the incident, without the involvement of a nurse attorney, the LVN stated that she was scheduled to see the patient for a monthly catheter change. The LVN states that after inserting a new 20 Fr catheter, she realized that it was defective and the balloon could not be inflated. The LVN states that she instructed the patient and caregiver that they should go to the hospital, but they refused. The LVN noted 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; the 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. The 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. The LVN states that she obtained urine return of slightly pink but clear flowing urine to the catheter drainage bag. The LVN added that she texted the registered nurse supervisor regarding the situation but received no response.

As a result, the Board disciplined the LVN. Her lack of an experienced nurse attorney to properly defend her case led to an unfavorable outcome, which also affected her career as an LVN. The LVN was also said to be under probation due to her misconduct.

Do you have questions about the Texas Board of Nursing disciplinary process? Contact The Law Office of Yong J. An for a confidential consultation by calling or texting 24/7 at (832) 428-5679 and ask for Nurse Attorney Yong.