Patient safety is a fundamental concern in healthcare, and healthcare facilities have established rigorous protocols to minimize the risk of patient falls, particularly for those assessed as high fall risks. Unfortunately, lapses in adherence to these protocols can result in patient harm, emotional distress, and compromised medical records. A nurse attorney plays a critical role in cases where patient safety lapses involve legal and ethical considerations. They seek to ensure that justice is served, and the rights of healthcare professionals are protected throughout the process.
At the time of the initial incident, she was employed as an LVN at a medical facility in Pharr, Texas, and had been in that position for nine (9) years and ten (10) months.
On or about November 4, 2020, while employed as an LVN at a medical facility in Pharr, Texas, LVN failed to follow the facility’s policy and procedure for fall precautions in that, LVN assessed a patient as a high fall risk, but did not remain with the patient while the patient showered. Furthermore, the patient had a controlled fall in the shower. Additionally, LVN inappropriately documented the patient’s bathing as independent in the patient’s medical records. LVN’s conduct was likely to cause emotional, physical, and/or psychological harm to the patient and resulted in an inaccurate medical record.
In response to the above incident, LVN states she was changing the patient’s bed linen as the patient was showering and, when the patient stood up in the shower and tried to sit back down, the shower chair slid from under her. LVN relates she heard the shower chair move and the patient call out and when she entered the bathroom, the patient was sitting on the floor and told LVN what happened.
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)(C),(1)(D)&(1)(M) and 22 TEX. ADMIN. CODE §217.12 (1)(A),(1)(B),(4)&(6)(C).
Unfortunately, the Texas Board of Nursing found her guilty of her deeds. Her LVN license was subjected to disciplinary action. She did not hire a skilled Texas nurse attorney to fully defend her case which led to this decision by the Texas Board of Nursing.
Do you have questions about the Texas Board of Nursing disciplinary process? Contact The Law Office of Texas Nurse Attorney Yong J. An for a confidential consultation by calling or texting 24/7 at (832) 428-5679. Texas Nurse Attorney Yong J. An is an experienced nurse attorney who represented more than 500 nurse cases for RNs and LVNs for the past 17 years.