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The responsibility of a nurse extends beyond the routine tasks of care; it involves a crucial role in recognizing and responding to changes in a patient’s condition promptly. In situations where a nurse is confronted with allegations related to a failure in timely notification of changes in a patient’s condition and inadequate documentation, seeking the assistance of a nurse attorney becomes imperative. They play a crucial role in advocating for the nurse’s rights, ensuring fair treatment, and formulating a strong defense strategy to address potential professional and legal repercussions.

Incident: Failure to Notify the Provider and Documenting Change in the Patient’s Condition

In the summer of 2020, while employed as an LVN with a healthcare facility in Tyler, Texas, LVN failed to appropriately notify the provider after a patient exhibited a change in condition including a temperature of 95.8 F, decreased oxygen saturations of 88% on room air, shortness of breath, and rales in both upper lobes of the lungs. The patient was found unresponsive the next day at her group home and subsequently expired. Additionally, LVN failed to document the patient’s response to a nebulizer treatment. LVN’s conduct created an incomplete medical record and was likely to injure the patient from potentially adverse complications of undetected and untreated fluctuations in cardiovascular status.

Without asking for advice from a nurse attorney, LVN responded to the above incident and stated that the patient’s caregiver was notified of the low oxygen saturation and stated oxygen levels increased to 90% after the caregiver initiated supplemental oxygen for the patient. Additionally, the LVN stated she left a message with the provider’s office.

The above action constitutes grounds for disciplinary action under 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)(D),(1)(M),(1)(P)&(3) and 22 TEX. ADMIN. CODE §217.12 (1)(A),(1)(B),(1)(C)&(4).

However, the LVN failed to consult with an experienced nurse attorney for the case, and without enough evidence to prove she was not guilty, the LVN lost the case. This is the reason why the Texas Board of Nursing placed her LVN license under disciplinary action, including temporary suspension of her license and a fine of $500.

How can a Nurse Defense Attorney help?

Seeking the assistance of a nurse attorney is an important step for nurses who are facing allegations related to patient care. They can provide legal guidance, advocate for the nurse’s rights, and ensure fair treatment throughout the legal process.

By partnering with nurse defense attorneys, nurses can feel confident that they have a strong advocate on their side who is committed to protecting their interests and supporting their professional growth.

We are here to help you protect your license and career!

Texas Nurse Attorney Yong J. An has been practicing as a Texas Nurse Attorney for over 18 years and is dedicated to working toward the best outcome, no matter what the circumstances are. You can directly reach him 24/7 through text or call at (832) 428-5679.