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Patient care, particularly in healthcare facilities, demands swift and competent action when patients exhibit concerning symptoms or conditions. Timely intervention and appropriate assessment of patient complaints are fundamental aspects of nursing practice that can significantly impact patient outcomes. Deviations from these standards can lead to serious consequences for patients, as well as raise concerns about the nurse’s competence and adherence to established protocols. When a nurse’s actions are called into question regarding timely intervention and appropriate assessment of patient complaints, a nurse attorney can provide crucial legal guidance and advocacy.

At the time of the initial incident, she was employed as an LVN at a medical facility in Midland, Texas, and had been in that position for eight (8) months.

On or about March 8, 2021, through March 10, 2021, while employed as an LVN at a medical facility in Midland, Texas, and providing care for a patient, LVN failed to intervene and failed to assess the patient, when he complained of shortness of breath, coughing and possible fever, and LVN failed to escalate her concerns of the patient’s complaints of shortness of breath and coughing to her management and/or the patient’s physician. Subsequently, the patient was emergently sent to the local hospital and admitted to the ICU for acute hypoxic failure requiring mechanical ventilation and metabolic acidosis. LVN’s conduct injured the patient due to delayed onset of medical interventions for shortness of breath and coughing.

In response to the above incident, LVN reports the patient’s sick call was taken to her supervisor, who read it and threw it back at her, stating she didn’t do sick calls in infirmary and to give it to day shift.

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),(1)(P)&(2)(A) and 22 TEX. ADMIN. CODE §217.12 (1)(A),(1)(B),(4)&(6)(A).

The Texas Board of Nursing gave the LVN enough time to defend the complaints filed against her. However, there was a failure on the LVN’s part to find the right RN/LVN license attorney to handle her case. The negligence of the RN/LVN license attorney led to the decision of the Texas BON to place the LVN’s license under disciplinary action.

Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas RN/LVN nurse attorney. Texas Nurse Attorney Yong J. An is one of those dedicated nurse attorneys who helped represent more than 500 nurse cases for the past 17 years. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-5679 for a confidential consultation regarding any accusations from the Texas BON.