In every proceeding before the Texas Board of Nursing, the first thing that you need to remember is to get assistance from a nurse attorney. At this point, it is important to note that exercising your right to counsel will be beneficial on your part. Keep in mind that even if a legal counsel does not represent you, the proceeding or hearing of your case will continue. When this happens, there is a high probability that you will eventually lose in the case.
At the time of the incident, an LVN was employed as a Licensed Vocational Nurse at a hospital in Corpus Christi, Texas, and had been in that position for ten (10) years and nine (9) months.
On or about December 16, 2017, while employed as a Licensed Vocational Nurse, an LVN went to a hospice patient’s home for the expressed purpose of reviewing the patient’s feeding system. The LVN determined the system worked. The LVN further determine the patient’s nasogastric (NG) tube for the patient was obstructed, as the patient’s body ceased taking in nutrition. The patient’s mother requested the LVN to remove the NG tube. Although the LVN called the agency, the LVN failed to ensure another nurse would bring the necessary equipment and experience to insert a new nasogastric (NG) tube for the patient after she assessed that the current tube was obstructed and that she didn’t have a stethoscope needed to verify proper placement of a new NG tube, and had no experience with a newborn NG tube insertion. Instead, the LVN removed the patient’s feeding tube, and the patient’s mother inserted a new NG tube although the mother had stated that she was not comfortable doing it as she had not successfully changed an NG tube during the training in the hospital prior to discharge. The LVN was not able to assess for proper placement. Subsequently, the patient became cyanotic near the end of the new NG tube insertion, stopped breathing, and had no pulse. The patient’s mother called 911, the LVN initiated cardiopulmonary resuscitation (CPR), emergency medical services (EMS) arrived, vital signs were restored, they transported the patient to the hospital, and she died four (4) days later.
In response to the incident, the LVN states that after discussing the matter with a Registered Nurse on the phone, the LVN agreed to remove the NG tube. The mother held the child for a while. Thereafter, the mother wanted the LVN to insert a new NG tube. The LVN initially refused. The LVN spoke with the Registered Nurse again, who informed the LVN the mother underwent training to insert the tube. The LVN told the mother they could take the patient to the hospital or she could insert the NG tube. The mother wanted to do neither. The mother begged the LVN to insert a new NG tube. The LVN still refused and the mother attempted to insert the NG tube. Within seconds, the patient became cyanotic, stopped breathing, and had no pulse. The LVN removed the NG tube and initiated cardiopulmonary resuscitation. The LVN directed the mother to call 911. Emergency medical services arrived, vital signs were restored, and the patient was transported to the hospital. The LVN later learned the mother called into the office reporting cyanosis and apnea earlier in the day. The office failed to inform the LVN. Had she been informed; she would have declined the assignment. She neither admits nor, but consents to the Order to avoid the time, expense, and uncertainty of litigation.
The LVN’s conduct constitutes a violation of the Texas Occupations Code according to the Texas Board of Nursing. As a result, her license was disciplined and suspended.
If you are looking for a nurse attorney that has a proven track record in this practice area, contact the Law Firm of Nurse Attorney Yong J. An, 24/7 by calling or texting him at (832) 428-5679 for a confidential consultation. Mr. An has over 12 years of experience handling Texas BON disciplinary action cases and has helped several dozens of LVNs in Texas protect their license.