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Nursing assessment skills is one of the nurse’s most valuable assets. This is the main reason why whenever someone filed a complaint against you involving negligence and medical malpractice, your license could be put in danger if not defended by a nurse attorney.

At the time of the incident, she was employed as an LVN with a pediatric home healthcare provider in El Paso, Texas, and had been in that position for nine (9) months.

On or about March 26, 2020, while working as an LVN with a pediatric home healthcare provider in El Paso, Texas, LVN failed to appropriately assess, intervene and rescue the patient, a pediatric patient who had a tracheostomy and was ventilator dependent with a history of seizures. Instead, when the patient had a seizure, LVN attended to the patient for more than an hour to address the patient’s fluctuating oxygen saturation levels; then LVN left the patient to speak with the mother of the patient. Subsequently, the mother of the patient successfully bagged the patient, per physician orders, and discovered the ventilator was turned off. LVN’s conduct could have injured the patient from insufficient ventilation for a ventilator dependent patient, with tracheostomy, and history of frequent seizures.

In response, LVN states after working consistently to try to keep the oxygen saturations in normal range, intervening with oxygen and the ventilator for the past hour, she ran to get the mother who was the patient’s primary caregiver. LVN states both the she and the mother worked together at the bedside, and that she was constantly with the mother, handing her supplies and equipment. LVN states bagging was done continuously for about 30 seconds until the patient stabilized at 98%. 

The above actions constitute grounds for disciplinary action in accordance with Section 301.452(b)(13), Texas Occupations Code, and is a violation of 22 TEX. ADMIN. CODE §217.11(1)(A),(1)(B),(1)(C),(1)(D),(1)(M),(1)(P)&(2)(A).

The Texas Board of Nursing then subjected the LVN’s license to disciplinary action. The accusation would have been defended by an experienced and skilled nurse attorney, had the LVN hired one. Hiring a nurse attorney for defense is applicable for any kind of accusation laid against an RN or LVN.

Always remember that anyone can file a complaint against an RN/LVN with the state board for any reason. When this happens, all complaints need to be taken seriously no matter how trivial or unfounded they may appear. A nurse attorney is someone who can help you defend your license when the state board summons you. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas RN license attorney. Texas Nurse Attorney Yong J. An is an experienced nurse attorney for various licensing cases for the past 16 years and represented over 300 nurses before the Texas BON. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-5679.