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In nursing care obtaining the correct diagnosis or result is very important, by doing so; the patient can receive the right treatment he/she needs. If an LVN fails to do it correctly and if something bad happens to the patient due to the LVN’s misconduct, the LVN will be subjected to disciplinary action by the Board. The LVN involved with such a case can ask for help from a nurse attorney.

At the time of the incident, she was employed as an LVN at a healthcare and rehabilitation facility in Pharr, Texas, and had been in that position for three (3) months.

On or about July 4, 2020, through July 5, 2020, while employed as an LVN at a healthcare and rehabilitation facility in Pharr, Texas, LVN failed to intervene and ensure the resident was assessed when dark red blood was noted in the resident’s indwelling catheter bag and failed to notify the physician, family, or oncoming nursing staff of the resident’s change of condition. Additionally, LVN failed to document the resident’s change of condition in the resident’s medical record throughout her shift. Subsequently, the resident was admitted to the hospital and placed in the Intensive Care Unit with a diagnosis of urinary tract infection, sepsis, and acute renal failure. LVN’s conduct resulted in an inaccurate medical record and was likely to injure the patient from a delay in treatment that was needed to prevent further complications.

In response, LVN states that she was notified by the Certified Nursing Assistant (CNA) that the resident had blood in his Foley catheter. LVN states that she was informed by the charge nurse that this was a normal occurrence since the resident pulls at his catheter frequently. LVN states that she went to the resident’s room to assess him. LVN reports that there were less than five (5) milliliters of blood in the catheter bag. LVN states that vital signs were taken and within normal limits, and a small bottle of water was given to the resident to drink. LVN states that after medication passed and administering a breathing treatment to another resident, LVN returned and took the resident’s vital signs, which were all within normal limits. LVN reports that the resident was awake and alert at this time and had urine flowing through the catheter tubing. LVN states that she later returned to the resident’s room and the patient was resting. LVN reports that the resident was easily aroused and accepted more fluids. LVN states that during her rounds the resident had blood-tinged urine in the catheter tubing. LVN states that at this time the resident also had diarrhea and vomiting. LVN states that she changed out the catheter and the CNA assisted her with cleaning the patient up. LVN states that she called and left a message for the resident’s Physician but did not receive a call back concerning the resident.

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)(D),(1)(M),(1)(P

…)&(2)(A) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(4)&(11)(B).

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 attorneys who helped represent more than 200 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.