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Any type of allegations or accusations at work can be defended, as long as there is a skilled nurse attorney ready to assist you during the hearing before the Board of Nursing. The Texas Board of Nursing has full jurisdiction regarding cases that may affect an RN or LVN’s license from suspension, disciplinary action, or revocation.

At the time of the initial incident, an LVN was employed at a hospital facility in Fort Hood, Texas, and had been in that position for one (1) year and seven (7) months. 

On or about November 16, 2020, through November 17, 2020, while employed as a Licensed Vocational Nurse, the said LVN failed to accurately assess, document, and/or notify the provider when the patient was yelling out and unable to verbally express what was wrong between 0200 and 0300. Instead, the LVN and a staff member repositioned the patient in bed. Shortly after, the LVN failed to accurately assess, document, and/or notify the provider when the patient was yelling out again during incontinent care. Instead, the LVN went to the room and repositioned the patient again. During a shift change at 0620, another nurse assessed the crying and grimacing patient, medicated for pain, and reported an abnormality of the patient’s knee to the provider. Subsequently, an X-ray indicated that the patient had an acute tibia/fibula fracture. The LVN’s conduct was likely to injure the patient from clinical care decisions based on incomplete assessment information and delayed the onset of needed medical care. 

In relation to the situation that happened, the said LVN states she heard yelling at the end of 100 Hall between 0200 and 0300 so the LVN and CNA entered the patient’s room and asked why she was yelling. The patient was able to nod and shake his head in response to questions. Once repositioned by the LVN and CNA, the patient nodded when asked if she was okay, respirations were even and unlabored and the patient had no signs of pain or discomfort. Shortly after, while passing medications, the LVN heard the patient yell out again so she went to the patient’s room where the CNA had just finished incontinent care. They repositioned the patient who calmed and had no grimacing. It was further stated by the LVN that there were no incident/accident, change of condition, fall, or injury noted by her nor reported to her. 

Because of this, the RN was summoned by the Texas Board of Nursing to defend her side. However, the LVN wasn’t able to provide a good defense to her side. 

As a result, the Texas Board of Nursing placed her nursing license in 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 actually 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. To contact him, please dial (832)-428-5679 for a confidential consultation or for more inquiries.