All nurses in Texas are under the jurisdiction of the Texas Board of Nursing (BON). All complaints or cases concerning the practice of the nurses are lodged before the Texas Board of Nursing (BON). Thereafter, the members of the Board will hear the case and decide on the issues or matters submitted for resolution. The parties charged are given the opportunity to be heard. This is part of their right to due process. To have the due process, one should consider hiring an experienced nurse attorney to help her defend her case.
At the time of the initial incident, an LVN was employed as a Licensed Vocational Nurse at a hospital in Houston, Texas, and had been in that position for three (3) years and three (3) months.
On or about September 8, 201 8, while employed as a Licensed Vocational Nurse, the LVN failed to appropriately and timely intervene when a patient had a fall with a visible abnormality to the left leg. Specifically, the LVN discovered the patient on the floor in her room and left the patient on the floor for approximately two (2) hours, supported with pillows, until the hospice nurse arrived and instructed her to transfer the patient to the hospital. Additionally, the LVN failed to notify her nursing supervisor or the physician of the patient’s change of condition, Subsequently, the patient was transferred to the hospital and diagnosed with a fracture. The LVN’s conduct was likely to injure the patient from a delay in treatment for the fracture and pain experienced.
On or about December 2018, through July 2019, the LVN practiced vocational nursing in the position of Resident Care Director without having an appropriate clinical supervisor to continuously direct her practice, as required. The LVN’s conduct was likely to injure patients from possibly inappropriate and/or inadequate nursing care.
In response to the incidents above, the LVN states that upon entering the room and assessing the patient, she noted there was a visible abnormality to the left leg and instructed the staff not to move her leg. The LVN states that she instructed the Certified Nursing Assistants to make the patient as comfortable as possible while she went to get her laptop and portable phone. She also states that she called the hospice on-call service again as well as a call to the family. And that she left messages at both places. The LVN states that when she did not hear back from hospice, she called again and this time received a call back from the Registered Nurse. The LVN states that she informed him of the patient’s condition and that she was unable to get ahold of the family at this time. The LVN states that the hospice nurse let her know that he was on his way. The LVN states that she remained with the patient in her room until the hospice nurse arrived a long time later from what she recalls. The LVN states that the resident made multiple attempts to get up off the floor at this time, but was not in severe pain. The LVN stated that she remained in the room and chatted with the patient whose head was supported by a pillow and she had a blanket available which she declined. She states that at the time, she had no physician’s orders to transfer the patient to the hospital, the patient was on hospice services, and she was unable to get ahold of any family. The LVN states that after the hospice nurse arrived, he assessed the patient and then continued to attempt to reach the family. The LVN states that after reaching the family, the hospice nurse instructed her to send the resident out.
Unfortunately, the Texas Board of Nursing disciplined and may face additional sanctions for her nursing license due to her misconduct. She failed to properly defend her case by consulting and hiring a nurse attorney for her case.
If you’ve ever done any errors during your shift as an RN or LVN, and you wish to preserve your career and your license, an experienced nurse attorney is what you need. Nurse Attorney Yong J. An, an experienced nurse lawyer for various licensing cases for 14 years. Do you have questions about the Texas Board of Nursing disciplinary process? Contact nurse Attorney Yong J. An, for a confidential consultation by calling or texting 24/7 at (832) 428-5679 and ask for attorney Yong.