Administering medication to patients should be done carefully and must be in the specifications of the physician’s order. Improper administration of medication can cause harm to patients. The accusation of such negligence is common in nursing care. You just need a nurse attorney before dealing with accusation cases.
At the time of the initial incident, she was employed as an LVN with an agency providing correctional health care services in College Station, Texas, and had been in that position for four (4) years and two (2) months.
On or about May 10, 2019, while employed as an LVN with an agency providing correctional health care services in College Station, Texas, LVN administered Phenergan 25mg intramuscularly (1M) to a patient without a valid physician’s order. Additionally, LVN documented that she consulted with the physician and obtained a verbal order for the Phenergan in the patient’s medical record but failed to consult with the physician until the following day. Further, LVN neglected to document the administration of Phenergan in the patient’s medical record. LVN’s conduct exceeded her scope of practice, created an inaccurate and incomplete medical record, and could have injured the patient in that the administration of medications without a valid physician’s order could result in the patient suffering from adverse reactions.
In response, LVN states that she administered Phenergan to the inmate because he was violently ill, and her charge nurse was unavailable to provide any guidance. She further states that the provider on call had not been answering or returning calls all night, and she was concerned that the inmate required immediate intervention to prevent further complications. LVN states that based on her nursing knowledge and judgment and her prior experience with the physician assistant, she knew that he would order Phenergan. LVN states that she documented “consultation” with the PA, as was common practice, to indicate that she had sent him her notes regarding the inmate. The PA signed off on LVN’s notes and supported her actions. LVN states that she consulted the inmate’s medical record for any allergies prior to administering the Phenergan and found he had no known allergies. LVN adds that Phenergan is not a narcotic and she knew it would benefit the inmate’s current condition of severe nausea. LVN also regrets her unintentional oversight in failing to document the administration of Phenergan in the medical record. The inmate’s condition improved, and he did not experience any adverse effects. The inmate was later sent to the hospital where he was diagnosed with gastritis.
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)(P)&(2) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(1)(C),(4),(6)(A),(6)(H)&(10)(B).
However, without valid evidence to defend her side of the story, the LVN lost the case. Furthermore, the LVN failed to hire a Texas BON attorney to help her with her case. Because of this, the Texas Board of Nursing disciplined the LVN’s license.
Do not be stressed or anxious if you find yourself in a similar situation as that of the LVN mentioned above. All you need to do is to find the right RN / LVN license attorney who can help you in the case. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas RN/LVN license attorney. Texas Nurse Attorney Yong J. An is an experienced nurse attorney for various licensing cases for 16 years and represented over 150 nurses before the Texas BON. Contact the Law Office of Yong J. An, 24/7 through text or call at (832) 428-4579.