Select Page

Malpractice is an action that can be defended by the right nurse attorney, should the RN or LVN provides a safe reason for the said action. This is what happened to an LVN who was accused of falling below the minimum standards of nursing practice in a facility she was working within San Antonio, Texas. However, this is not only a malpractice case as it had led to an escalated situation which required the Texas Board of Nursing to conclude the case immediately.

The incident happened during the period of January 1, 2014, through August 6, 2015. During this time period, the RN fell below the minimum standards of nursing practice in that she engaged in non-therapeutic prescribing practices. The RN issued prescriptions for controlled substances to patients without conducting appropriate assessments to justify her prescribing practices and exploring/ordering other treatment options in lieu of prescribing dangerous controlled substances to her patients.

Her conduct falls below the minimum standard of care, and prescribing a mixture of unsupported quantities of Central Nervous System depressants puts patients at a greater risk of harm that outweighs any therapeutic benefit.

As a defense to the accusations against her, the RN states that she was in contact with a physician on at least a weekly basis to review the charts, discuss cases and establish protocols. She states that documentation within the charts was done on a case by case basis when the need arose; each patient case was reviewed to determine how often physical exams were done which explains the issue of results being in various parts of the charts.

The RN further states that every patient had verified radiologic studies that confirmed injury to further their claims of pain; urine drugs were done a regular, random basis; and DPS reports were pulled at regular intervals to see the previous medications assigned to each patient. She further states that alternative treatments such as trigger point injections, joint injections, and physical therapy referrals were offered and utilized by numerous patients. She adds that several patients were discharged because of identified narcotic abuse.

Despite the RN’s effort to explain and justify her case, the Texas Board of Nursing finds her guilty of the accusations because of the following reasons:

The RN failed to adequately collaborate with a collaborating physician and failed to accurately document such collaboration in the patient’s medical records.

The RN failed to appropriately monitor patients for abusive and drug seeking behavior.

The RN’s conduct was outside her authorized scope of practice in that she does not have sufficient formalized education and training in pain management to prescribe dangerous controlled substances or “medication cocktails” which are known to be abusable and carry a serious risk of lethal accidental overdose.

The RN was not given a chance to defend due to her confession, which was enough evidence for the Texas Board of Nursing to place her license into suspension. However, a skilled and experienced nurse attorney would have assisted her in the case. Take note that nurse attorneys are professionals who can help you out in such cases that might compromise you from continuing your duties.

However, always remember that these professionals are only there to help with the best they can, which means you have to assist them as well. For any cases similar to this matter, it’s recommended to hire a nurse attorney immediately. You may contact Nurse Attorney Yong J. An, which is experienced in handling nursing cases for more than 14 years, by dialing him at (832) 428-567 for inquiries and consultation.