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When the Texas Board of Nursing (BON) has a complaint against you, you should seek the nurse attorney. Any RN or LVN found guilty for violating the state laws and regulations may be subjected to a disciplinary case such as revocation or suspension of her RN or LVN license.  The trend is for employers to refer a case to the Texas BON to discipline nurse and at the same time terminate your employment in most of the cases.

Two of the best examples include the following:

The first case happened on or about May 20, 2017. At the time the incident happened, the LVN was employed in a medical center in Dallas, Texas, and had been in that position for 4 years and 3 months already.

The LVN was assigned to provide skilled nursing care to a patient. She falsified a visit note, by submitting documentation for a home visit she did not perform. The mother of the patient canceled the shift before the shift started and no patient care was provided.

The LVN admits to submitting documentation she actually did not perform. Her conduct created an inaccurate medical record and was likely to defraud and deceive the facility of money paid to the LVN for hours not actually worked.  In addition, the LVN’s conduct was likely to injure the patient in that the subsequent caregivers would rely on her documentation for further care.

As a result, her LVN license was disciplined and suspended. She did not seek the nurse attorney to represent her proceedings.

The other case happened on or about November 4, 2015. While employed as a Staff Nurse in a Medical  Center in Dallas,  Texas, the LVN failed to document interventions and care provided to her patient.

Additionally, the LVN failed to advocate for the safety of a patient and the baby, via alternate delivery mode, and accelerate the chain of command related to fetal intolerance during the second stage of labor. Several interventions were attempted during the patient’s labor with no results,  and the baby was in distress.

The LVN explains that she was to work as the relief charge nurse. She states the physician and the primary care nurse were at the bedside pushing with the patient, and that fetal heart tones were consistent with the patient pushing. The LVN further explains she entered the room to assist by holding one of the patient’s legs back and coaching while the patient pushed. She states within about ten minutes, the physician obtained the patient’s consent to attempt to deliver assisted by Kiwi vacuum extraction.

When the physician applied the vacuum there was some fetal descent but discontinued the vacuum when there appeared to be abrasions to the fetal scalp. The LVN also states by the time she returned to the room, fetal heart tones decreased.   She states the physician declined the staff’s questions regarding whether an operating room should be opened for a cesarean section. She explains after the delivery of the head, a shoulder dystocia occurred, and she applied suprapubic pressure per physician’s instructions.  Soon after the baby delivered, the baby was limp and unresponsive.

However, the Texas BON found the LVN’s conduct not only resulted in an inaccurate medical record but was also likely to cause patient and baby injury in that failing to advocate for an alternative delivery mode placed the baby in harm and could have contributed to the baby’s demise.

Due to this, the LVN was disciplined and her LVN license was suspended. She did not seek the assistance of the nurse attorney in representing her case.

Do you have questions about the Texas Board of Nursing disciplinary process? Contact The nurse attorney Yong J. An for a confidential consultation by calling or texting 24/7 at (832) 428-5679 and ask for nurse attorney Yong.