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There are different cases that are filed every single day before the Texas Board of Nursing (BON). In these cases, the assistance of a nurse attorney is necessary to ensure that the rights of the nurse involved are protected. At the same time, the nurse attorney can also help in rebutting all the allegations of the complainant. Sad to say, many nurses fail to see the significant role that the nursing defense attorney have in the hearing of their cases. As a result, they end up waiving the right to be represented by a counsel and being disciplined by the BON.

At the time of the incident, she was employed as an LVN at a healthcare and rehabilitation center in New Braunfels, Texas, and had been in that position for one (1) month.

On or about June 2, 2020, while employed as an LVN at a healthcare and rehabilitation center in New Braunfels, Texas, LVN failed to obtain vital signs and failed to administer ordered medications and treatments to the patient. Additionally, LVN failed to appropriately intervene, including failure to notify the provider, when the patient exhibited a change in condition, including gurgling and crackles in the lungs. The patient’s condition continued to worsen over the next few hours before EMS was called; however, the patient expired before EMS arrived. LVN’s conduct resulted in a delay in treatment for the patient that was needed to prevent further complications and may have contributed to the patient’s demise.

In response, LVN states the patient was awaiting transfer to LVN’s unit after completion of scheduled dialysis. LVN states she went to assess the patient after dialysis and noted crackles in the patient’s lungs. LVN states she then suctioned the patient’s secretions, noting improved breathing. LVN also states she then informed the unit nurse of the interventions performed, asking the unit nurse to follow-up. LVN states she then returned to her assigned unit. LVN further states the patient was in distress upon transfer to her unit. LVN also states she attempted to notify the provider; however, there was no answer. LVN states 911 was then called.

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),(1)(P)&(2) and 22 TEX. ADMIN. CODE §217.12.(1)(A),(1)(B)&(4).

The Texas Board of Nursing then subjected the LVN’s license to disciplinary action. The accusation would have been defended by an experienced and skilled nurse attorney, had the LVN hired one. Hiring a nurse attorney for defense is applicable for any kind of accusation laid against an RN or LVN.

Always remember that anyone can file a complaint against an RN/LVN with the state board for any reason. When this happens, all complaints need to be taken seriously no matter how trivial or unfounded they may appear. A nurse attorney is someone who can help you defend your license when the state board summons you. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas LVN license attorney. Texas Nurse Attorney Yong J. An is an experienced nurse attorney for various licensing cases for the past 16 years and represented over 300 nurses before the Texas BON. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-5679.