In the realm of healthcare, prompt and accurate decision-making can be the difference between life and death. However, there are situations where LVNs may face challenges in adhering to established protocols, leading to potential patient harm and legal implications. In such critical circumstances, a nurse attorney can offer invaluable legal support to navigate the complexities of the legal system, ensuring the LVN’s rights are protected and guiding them through any potential legal proceedings.
At the time of the initial incident, he was employed as an LVN at a medical facility in New Braunfels, Texas, and had been in that position for three (3) years and one (1) month.
On or about October 23, 2021, through October 24, 2021, while employed as a Staff Nurse on the Immediate Care Unit at a medical facility in New Braunfels, Texas, LVN was accused of the following:
- LVN attempted to insert a nasogastric (NG) tube in a patient without a physician’s order. In addition, LVN failed to notify the physician of the failed attempt to insert the NG tube. LVN’s conduct exposed the patient to risk for harm from aspiration and/or tissue trauma and deprived the physician of the opportunity to institute timely medical interventions to stabilize the patient.
- LVN failed to activate the Rapid Response Team (RRT) when the above mentioned patient had significant changes in his respiratory status. At 0225, the patient exhibited oxygen saturations of 83-91%, coarse rales in lungs, and required increased oxygen support. Subsequently, the patient experienced cardiopulmonary arrest at 0302, and was pronounced dead at 0335. LVN’s conduct delayed the onset of emergency medical care and may have contributed to the patient’s demise.
In response, LVN states at approximately 0500 on 10/23/21, he made an unsuccessful attempt to insert a nasogastric tube without obtaining an order. Furthermore, LVN states Charge Nurse informed him that the patient’s oxygen saturation was dropping, and he told the Charge Nurse that he increased the patient’s oxygen slightly. Then, when the patient’s respiratory status deteriorated, LVN states he notified the Respiratory Therapist who changed the patient to a Venti mask, and the patient’s oxygen saturation improved to 91%. LVN states he did not notify the doctor because the patient was on a ‘therapist driven protocol order’. An hour later, LVN, two RNs and an Aide responded when the patient’s respiratory status declined again. LVN states he asked them to call the Rapid Response Team, but a Code Blue was called instead. LVN found no pulse and another RN started chest compressions.
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) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(1)(C)&(4).
The Texas Board of Nursing then subjected the LVN’s license to disciplinary action. The accusation would have been defended by an experienced and skilled nurse attorney, had the LVN hired one. Hiring a nurse attorney for defense is applicable for any kind of accusation laid against an RN or LVN.
Always remember that anyone can file a complaint against an RN/LVN with the state board for any reason. When this happens, all complaints need to be taken seriously no matter how trivial or unfounded they may appear. A nurse attorney is someone who can help you defend your license when the state board summons you. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas RN 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.