Documentations have been a signature specialty of a nurse attorney when handling cases for some nurses. However, some nurses tend to forget this fact because they really felt like they should be responsible even if they never intended to commit such an error.
At the time of the initial incident, she was employed as an LVN at a healthcare provider for correctional care in College Station, Texas, and had been in that position for one (1) year and three (3) months.
On or about May 23, 2020, and May 24, 2020, while employed as an LVN at a healthcare provider for correctional care in College Station, Texas, LVN did the following:
1. failed to document pre-treatment vitals in the medical record of a patient, before administering breathing treatments to the patient. LVN’s conduct resulted in an incomplete medical record and exposed the patient to a risk of harm in that subsequent caregivers would not have accurate and complete information on which to base their care decisions.
2. failed to document the breath sounds of another patient after administering a nebulizer treatment when the patient was found short of breath with an oxygen saturation of 68%. LVN’s conduct resulted in an incomplete medical record and exposed the patient to a risk of harm in that subsequent caregivers would not have accurate and complete information on which to base their care decisions.
In response, LVN states that she administered the treatments as ordered. Furthermore, LVN states that she assessed the breath sounds before and after administering the nebulizer treatment, noting that lung sounds were assessed at 1600, prior to the nebulizer treatment at 1615; then emergency medical services personnel assumed care of the patient.
The above actions constitute 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)(C),(1)(D)&(1)(M) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(1)(C)&(4).
As a result, the Texas Board of Nursing placed 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 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. He is an experienced nurse attorney who has helped more than 150 nurse cases for RNs and LVNs for the past 16 years. You can call him at (832)-428-5679 to get started or to inquire for more information regarding nursing license case defenses.
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