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 incident, she was employed as an LVN with a home healthcare services provider in Odessa, Texas, and had been in that position for three (3) years and eight (8) months.
On or about December 2, 2020, while employed as an LVN with a home healthcare services provider in Odessa, Texas, and assigned to the home of a patient, LVN falsely documented in the patient’s medical record and informed the patient’s parents that the patient landed in her arms when he fell over the side of the crib rails. Video surveillance later revealed that the patient did in fact land on the floor and not in LVN’s arms. Additionally, LVN failed to notify management and the patient’s physician of the incident. LVN’s conduct created an inaccurate medical record and was likely to injure the patient in that subsequent care givers would not have accurate information on which to base their care decisions. In addition, LVN’s conduct exposed the patient unnecessarily to risk of harm in that failure to report an incident could have resulted in the patient not getting the care he needed.
In response, LVN explains that the patient fell out of the crib, and she put him back in his crib with the help of his father. LVN states that she did inform the patient’s mother after she completed her assessment but did not think to inform the on-call doctor or her supervisor because there was no injury or issue with the patient. LVN states that she takes full responsibility for her actions and adds that this was a glitch on her part due to fear, overload, and stress.
The above action constitutes 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)(D)&(1)(P) and 22 TEX. ADMIN. CODE §217.12.(1)(A),(1)(B),(1)(C),(4),(6)(A)&(6)(H).
However, without valid evidence to defend her side of the story, the LVN lost the case. Furthermore, the LVN failed to hire a Texas BON attorney to help her with her case. Because of this, the Texas Board of Nursing disciplined the LVN’s license.
Do not be stressed or anxious if you find yourself in a similar situation as that of the LVN mentioned above. All you need to do is to find the right RN/LVN license attorney who can help you in the case. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas RN/LVN 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.