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Medication errors can have profound consequences, potentially jeopardizing the well-being of patients. In a healthcare setting, precise and accurate medication administration is of paramount importance. In scenarios like this, nurse attorneys can play a pivotal role in supporting nurses and the healthcare facility. When LVNs face potential disciplinary actions due to medication errors, a nurse attorney can mount a legal defense to protect their professional reputation. 

An incident involving an LVN at a hospital in Victoria, Texas, highlights the significance of proper medication management. At the time of the initial incident, she was employed as an LVN at a hospital in Victoria, Texas, and had been in that position for one (1) year and one (1) month.

On or about July 15, 2021, while employed as an LVN at a hospital in Victoria, Texas, LVN administered 1 mL of Opium tincture to a patient instead of 0.6 mL as ordered by the physician. LVN’s conduct exposed the patient to a risk of harm from over dosage of sedating pain medication.

In response to the above incident, LVN states that the opium tincture came in a small syringe, enclosed in a plastic bag from the pharmacy. LVN states that the plastic bag was labeled with the patient’s name, dose, and barcode while the actual syringe only had a barcode sticker wrapped around it. Unable to scan the sticker barcode on the syringe, LVN scanned the barcode on the plastic bag. The medication administration record displayed the dose as ordered, 0.6 mL and did not indicate that 0.4 mL had to be wasted. LVN states that medications ordered like this were normally sent in exact dosages.

The above action constitutes 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)&(3)(A) and 22 TEX. ADMIN. CODE §217.12 (1)(B),(1)&(4).

As a result, the Texas Board of Nursing decided to place her LVN license under disciplinary action. It’s too bad that she failed to hire a nurse attorney for assistance, knowing that she had every reason to defend herself in the first place. Her defense would have gotten better if she sought legal consultation from a Texas nurse attorney as well.

So, if you’re facing a complaint from the Board, it’s best to seek legal advice first. Texas Nurse Attorney Yong J. An is willing to assist every nurse in need of immediate help for nurse licensing cases. He is an experienced nurse attorney for various licensing cases for the past 17 years and represented over 500 nurses before the Texas BON. To contact him, please dial (832)-428-5679 for a confidential consultation or for more inquiries.