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The outcome of the patient’s health will be based on the nurse’s efforts and proper care. But if an RN conducts improper care which can harm the patient, he or she may face complaints or allegation cases. An RN should come prepared before appearing or facing the Board. A nurse attorney can be your defense against circumstances.

At the time of the incident, she was employed as an LVN at a nursing home in Mesquite, Texas, and had been in that position for two (2) months.

On or about December 27, 2019, while employed as an LVN at a nursing home in Mesquite, Texas, LVN was accused of the following:

1. LVN failed to timely initiate cardiopulmonary resuscitation (CPR) on a resident, whom she and another nurse found unresponsive after being informed of such by a certified nursing aide. Furthermore, LVN failed to know the code status of the resident. LVN’s conduct delayed emergency medical interventions needed to prevent further complications.

2. LVN failed to document the death of the resident, including the resident’s condition change, vital signs, time that CPR was started, and time that emergency medical services arrived. LVN’s conduct resulted in an inaccurate and incomplete medical record.

In response, LVN states that at approximately 3:30-4:00 a.m. The certified nursing aide reported that the resident was unresponsive. LVN states that as she went down the hall, she asked for the other nurse to come since he had many years of nursing experience. LVN states that when she entered the room, she touched the resident and called her name, but she was unresponsive. LVN states that the other nurse came into the room and stayed with the resident while she went to the nurse’s station to check the resident’s chart to see her code status. LVN states that when she saw the patient was a full code status, she told the certified nursing aide to tell the other nurse to start CPR. LVN states she called 911 and returned to the resident’s room. LVN states that she went and retrieved the crash cart and brought it to the resident’s room, as well as the CPR board. LVN states that they placed the CPR board under the resident and were about to start CPR when the other nurse asked if she had unlocked the doors for emergency response personnel. LVN states that the other nurse stated he would begin CPR while she went to unlock the doors. LVN states that she followed the emergency response personnel to the resident’s room and heard them tell the other nurse to stop administering CPR.

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)&(2)(A) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(1)(C)&(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 16 years and represented over 200 nurses before the Texas BON. To contact him, please dial (832)-428-5679 for a confidential consultation or for more inquiries.