A Nurse can face a lot of accusations, allegation cases, or complaints cases and then face the Texas Board of Nursing to formally follow procedures. But if a nurse is experiencing such a problem, a nurse attorney can be their line of defense that can assist them in dealing with the cases they are facing.
At the time of the initial incident, the LVN was employed as a Licensed Vocational Nurse at a hospital in Allen, Texas, and had been in that position for three (3) years and eleven (11) months.
On or about April 6, 2020, when the LVN was providing care to a patient, the LVN physically abused the patient when he gouged the patient’s eyes and ears; violently twisted the patient’s neck; repositioned the patient by forcefully grabbing the patient’s head/neck and pulling a patient up in the bed; roughly opened his mouth to check the patient’s lip; bent the patient’s right hand and fingers back roughly; punched the left and right sides of the patient’s head; struck the patient’s left foot three times; hit the patient’s knees against his head intentionally during a diaper change; and allowed patient’s head and trunk to violently fall backward into the mattress. Additionally, the LVN’s conduct was recorded on video surveillance.
Subsequently, on April 12, 2020, the LVN was arrested by the police for INJURY TO A CHILD/ELDERLY/DISABLED WITH INTENTIONAL BODILY INJURY, a 3 Degree Felony offense which is still pending.
On or about April 6, 2020, the LVN failed to provide ordered nursing care to the patient when he withheld multiple medications during shift (including anti-seizure medications), withheld gastrostomy tube feedings, failed to turn the patient (who is immobile) every two (2) hours, failed to assess the patient throughout the shift, failed to provide perineal care every two (2) hours, failed to provide trachea site care, failed to provide gastrostomy care, and failed to administer water flushes. The LVN’s conduct was likely to injure the patient in that failure to provide care as ordered by the physician could have resulted in non-efficacious treatment and could have caused changes in the patient’s condition to go undetected and untreated.
In the incident on or about April 6, 2020, the Board states that the LVN physically abused the patient when he gouged the patient’s eyes and ears.” The LVN asserts he was performing a common massage procedure utilized when a patient is experiencing lacrimal duct obstruction. Lacrimal duct obstruction is a partial or complete blockage of the tear drainage system that can cause pain, infection, and backflow of discharge/mucus to name a few. The patient often experienced lacrimal duct obstruction and the LVN would perform what is known as a Crigler massage or a lacrimal duct massage which consists of the LVN with his fingers or a warm cloth applying pressure to the inner corner of the eye and pressing upward. The compression during the massage to the inner eye forces the lacrimal ducts to be cleared of built-up fluid or discharge. The patient would be unwilling to allow the LVN to perform this procedure because it can be rather uncomfortable and the LVN would have to physically control the patient in order to carefully complete the massage. The patient has been diagnosed with cerebral palsy, mental retardation, developmental delay, and epilepsy, and that the LVN has been providing care for the patient for approximately 12 years. Visually it may seem that the LVN is being insensitive in the care of the patient, however, the Crigler massage to clear lacrimal obstruction is an important part of the care of the patient.
As a result of the above-mentioned incident, the LVN is facing disciplinary action from the Texas Board of Nursing. Due to the evidence, it is therefore agreed and ordered that the LVN shall be sanctioned in accordance with the law.
Avoid a similar thing happening on your end. Make sure that you find the right nurse attorney in case a complaint will be filed against you before the Texas Board of Nursing (BON).
Consult with Texas nurse attorney Yong J. An today if you have any questions about your disciplinary process by calling or texting him at (832) 428-5679 day, night or weekends.