Once a charge from the Board is filed, that case becomes public record and available for the world to see. When this happens, this makes it very difficult to get a job that takes insurance. An experienced nurse attorney knows how to avoid these pitfalls. L191032N7651
One of the examples where a client failed to hire the right nurse attorney will be discussed in this case.
In October 2016, an LVN began working for a temporary nurse staffing agency in Dallas. On April 4, 2017, she accepted a night shift (7:00 p.m. to 7:00 a.m.) through the temporary staffing agency to work as a nurse.
At the time she accepted the shift at MRH, the LVN was working full time and attending school to obtain a bachelor’s degree in nursing. She took assignments through the temporary staffing agency because they paid a higher hourly wage than staff nursing positions.
The LVN had a prescription for Adderall, a stimulant that treats attention deficit hyperactivity disorder. In April 2017, she was abusing the drug by taking excessive doses to help counteract the sleep deprivation caused by her busy schedule, she was also drinking alcohol to excess, though not at work or in a way that affected her work.
Prior to her shift at MRH, the LVN had attended a full day of classes and, by the time she began withdrawing medications to dispense to patients (around 11:00 p.m. on April 4, 2017), she had been awake for nearly 30 hours without rest.
During her shift, the LVN withdrew medications, including controlled substances, from a dispensing device (Pyxis) to administer to three patients. She did not document the administration of the medications.
The LVN withdrew two doses of medication in excess of what the patient’s treating physician had ordered. It is not documented whether she returned those medications to the Pyxis or wasted them in accordance with the hospital policy.
The hospital reported her conduct to Board staff (Staff), which began an investigation. After her shift at the hospital, the LVN stopped working for the temporary staffing agency. She moved to Kilgoro, Texas, where the cost of living is lower, and was hired at a nursing home in Highland Pines.
Within six months after she started at the nursing home, the LVN was promoted to charge nurse.
However, approximately 13 months after she was hired, the LVN was fired for a medication administration error.
The LVN had given a cup of medication to a patient. Instead of waiting to ensure she took the drugs, she stepped out of the room briefly to allow her to change clothes. A state inspector was onsite that day and discovered the unattended cup of medication, leading the nursing home to terminate the LVN’s employment.
Because of this, the nursing home and the hospital issued a complaint against the LVN. This issue was filed as a complaint and sent to the Texas Board of Nursing. The Texas Board of Nursing has full jurisdiction in all cases that may affect the status of an RN or LVN’s license in the future. But they advise nurses to attend a hearing first before placing the sentence, which the LVN attended for her career’s security.
However, the LVN failed to properly present and defend her case against the court. She was disciplined warning to a suspension of her LVN license by violating the Texas Board of Nursing regulation.
Your license can be disciplined over simple misunderstandings, small mistakes or trivial issues. When this happens, hiring a nurse attorney is your best option.
Consult with Texas nurse attorney Yong J. An today if you have any questions about your disciplinary process by calling or texting him at (832) 428-5679 day, night or weekends.