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The practice of the nursing profession can become a challenging one. There is a need to follow several rules and regulations in order to prevent revocation of the nursing license. In the past, several cases were filed against different nurses for misconduct and gross negligence. The government agency that has jurisdiction in handling administrative cases against an LVN or RN nurse is the Texas Board of Nursing (BON). Therefore, before facing the BON for any case filed against an RN/LVN, always seek help from an experienced nurse attorney.

On or about April 14, 2020, through April 19, 2020, while employed as an RN with a home health care agency providing Private Duty Nursing (PDN) care to pediatric patients in El Paso, Texas, RN did the following:

  1. RN failed to obtain vital signs for a patient every five (5) hours; failed to complete gastrostomy tube (Gtube) site care, failed to administer a continuous infusion of the enteral feeding at 4 ml/hr, failed to administer TPN at 65 ml/hr, failed to administer a Lipid infusion at 5.7 ml/hr, and failed to notify the physician of the oxygen saturation readings below 93% during his twelve (12) hour shift. RN’s conduct was likely to injure the patient from unknown and/or undetected changes in condition, and the failure to administer nutrition as ordered by the physician could have resulted in nutritional deficit.
  2. RN failed to completely and accurately document an IV assessment, enteral feedings intake and G-tube site care, gastric residual amounts, IV infusions of TPN and Lipids intake, signs and symptoms when oxygen saturations were below 93%, frequency of suctioning including method and results, breath sounds or presence of a cough, any seizure activity, and patient response to interventions. Instead, RN incorrectly documented TPN as formula under nutritional assessment, and 1500 ml of water continuous when no water was ordered and checked NA for feeding tube in the GI assessment when there was a continuous feeding order. RN’s conduct created an inaccurate medical record and was likely to injure the patient in that subsequent care givers did not have accurate and complete information on which to base their decisions for further care.

In response, RN states that he provided care according to the patient’s plan of care. RN further states that he didn’t completely and accurately document the intake and output as it was a busy night because of the high acuity of the patient. RN explains that these situations can cause distractions that may affect nursing documentation. RN adds that he did document in error “1000 cc water continuous” and to the best of his recollection, the child didn’t actually receive water. 

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

Because of this, the RN was summoned by the Texas Board of Nursing to defend his side but the RN failed to hire a nurse attorney to help him with his case and without proper defense, the Texas Board of Nursing then decided to place his RN license under disciplinary action.

If you also received a letter from the Texas Board of Nursing regarding a case or complaint filed on you, you should hire a nurse attorney immediately before it’s too late. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas nurse attorney. Texas Nurse Attorney Yong J. An is one of those dedicated nurse attorneys who helped represent more than 300 nurse cases for the past 16 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.