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An experienced nurse attorney has surely helped a lot of RNs and LVNs when it comes to cases that may lead to disciplinary action. Unfortunately, not all nurses were able to hire a nurse attorney as they underwent such cases. This incident that an LVN committed on July 15, 2015, was one of those examples.

At the time of the incident, the LVN was employed as a Staff in a detention facility in Dallas, Texas, and had been in that position for one year and eight months.

On or about July 5, 2015, the LVN failed to assess a patient, including taking vital signs, when the patient arrived in the clinic with complaints of nausea and active vomiting. The LVN took a verbal order from the provider for twenty-five mg intramuscular (IM) Phenergan, administered the medication to the patient, and then sent the patient back to his cell, where he was found unresponsive approximately seven hours later. The patient was transferred to the hospital where a computed tomography (CT) scan of his head showed an acute brain hemorrhage.

The LVN’s conduct was likely to injure the patient from clinical decisions formulated based upon incomplete assessment information, including a delay in escalation of care.

Because of this, the Texas Board of Nursing summoned the LVN to defend herself. During the hearing, the LVN states that nausea and vomiting are common in this practice environment, due to her belief that sometimes patients complain of physical conditions to get respite from their jail cells. She states that on the date in question, the sheriff called her to say that there was an inmate with nausea and vomiting, so she had the patient brought in for treatment.

The LVN further states that the patient was alert and oriented at the time she administered Phenergan. She adds that the provider who ordered the Phenergan never asked to know the patient’s vital signs, because the patient was not a scheduled patient. The LVN states that while waiting for reassessment, the patient fell asleep, and was then sent back to his cell.

The following incident and defense against the case caused the Texas Board of Nursing to place the LVN and her license into disciplinary proceedings. She would have sought assistance from a good nurse attorney to provide clarifications towards the case.

If you’ve ever done any errors or misdemeanor during your shift as an RN or LVN, and you wish to preserve your career and your license, an experienced nurse attorney is what you need. Nurse Attorney Yong J. An, an experienced nurse attorney for various licensing cases for 14 years, can assist you by contacting him at (832) 428-5679.