False documentation is a serious case, which is why a nurse attorney is needed if you get accused of this kind of scenario. However, there are some nurses who thought they were guilty of the charges but failed to hire a nurse attorney just because they thought it’s the doom for their license already. But that is not entirely the case as there is still hope.
At the time of the initial incident, she was employed as an LVN with a home care health services provider in Lubbock, Texas, and had been in that position for three (3) months.
On or about June 18, 2019, while employed as an LVN with a home care health services provider in Lubbock, Texas, LVN was accused of the following:
1. LVN falsely documented a skilled nursing visit note for a patient in that she did not actually see the patient. Additionally, LVN asked the patient’s 13-year-old daughter to sign the nursing visit note. LVN’s conduct created an inaccurate medical record and was likely to injure the patient in that subsequent caregivers would not have accurate information to base their decisions for further care.
2. LVN failed to perform a skilled nursing visit for the above-mentioned patient, as scheduled. LVN’s conduct was likely to injure the patient from lack of appropriate nursing care.
In response, LVN states that despite the allegations against her, she did perform a skilled nursing visit for the above-mentioned patient on June 18, 2019. The medical records show that she was located at the patient’s home at 10:37 when the signature was obtained. LVN was at the house of the patient for thirty (30) minutes performing the skilled nursing visit as evidenced by the time they visit started on the signature page. The electronic medical records used by the health care provider electronically document where the LVN was at the time the documentation occurred. The health care provider’s electronic medical records document that LVN was at the patient’s house at the time the medical records were documented. LVN shows that she completed the skilled nursing visit as scheduled and properly documented the skilled nursing visit. At no time was the patient in any harm nor was he likely to suffer injury. The patient received the appropriate level of care in the skilled nursing visit which took place June 18, 2019.
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)(D) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(1)(C),(4),(6)(A)&(6)(H).
Because of this, the LVN was summoned by the Texas Board of Nursing to defend her side but the LVN failed to hire a nurse attorney to help her with her case and without proper defense, the Texas Board of Nursing then decided to place her LVN 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 lawyers who helped represent more than 150 nurse cases for the past 16 years. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-4579 for a confidential consultation regarding any accusations from the Texas BON.
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