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The delivery of healthcare is a highly regulated field, with clear guidelines on the scope of practice for various healthcare professionals. Deviating from these established boundaries can not only have serious consequences for patients but also lead to legal and professional repercussions for the healthcare provider involved. A nurse attorney works diligently to protect the legal rights and professional interests of the LVN throughout any investigations or disciplinary actions.

At the time of the initial incident, she was employed as an LVN at a health care facility in Mission, Texas, and had been in that position for four (4) months.

On or about July 4, 2021, while employed as employed as an LVN at a health care facility in Mission, Texas, and providing care for a patient, LVN was accused of the following:

  1. LVN exceeded her scope of practice when she placed the patient on oxygen, performed an electrocardiogram (EKG), drew blood to run troponin and electrolyte levels, and performed a urinalysis, without physician’s orders. LVN’s conduct was likely to injure the patient from medical treatment without physician orders.
  2. LVN failed to notify the physician of the following abnormal labs: Electrocardiogram (EKG) nonspecific T-wave abnormality, abnormal EKG, low potassium level of 3.4, Urine Analysis (UA) trace protein, UA high specific gravity 1.029, and UA low PH 5.0. Instead, she documented that the physician was not contacted, and discharged the patient from medical care. LVN’s conduct was likely to injure the patient from lack of medical treatment for low potassium, dehydration, and the possible side effect of life-threatening heart arrhythmias.
  3. LVN falsely documented that she consulted with the Charge Nurse until 6:15 PM. LVN’s conduct created an inaccurate and incomplete medical record upon which other caregivers would rely to provide patient care.

In response, LVN reports the Charge Nurse was off work, so they had no RN that night. LVN reports she consulted with the day shift Charge Nurse, and decided the patient did not need any further treatment.

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).

However, without enough evidence to prove she’s not guilty, the LVN lost the case. This is the reason why the Texas Board of Nursing placed her LVN license under disciplinary action.

If you ever undergo cases such as this, it’s best to seek the assistance of a good nurse attorney as it could make the case better in your favor. Be sure to find a nurse attorney who is experienced and knowledgeable in several nurse cases to ensure the best assistance possible. Texas Nurse Attorney Yong J. An is willing to assist every nurse in need of immediate help for nurse licensing cases. He is an experienced nurse attorney for various licensing cases for the past 17 years and represented over 500 nurses before the Texas BON. To contact him, please dial (832) 428-5679 for a confidential consultation or for more inquiries.