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If a complaint alleging negligence during your work is filed against you, it is crucial to have the representation of a nurse attorney to safeguard your license. The case of an LVN from Allen, Texas serves as a prime illustration of a nurse who faced allegations of negligence while on duty.

At the time of the initial incident, she was employed as an LVN at a medical facility in Allen, Texas, and had been in that position for approximately two (2) years and one (1) month.

On or about January 9, 2021, while employed as an LVN at a medical facility in Allen, Texas, LVN failed to perform positive patient ID (use of two patient identifiers) and instead used the label belonging to a previous patient that LVN placed on the blood specimen of Patient A. Additionally, LVN failed to verify the label with the patient or another worker after collection of the blood specimen and instead inappropriately signed the initials of the patient. LVN’s conduct unnecessarily exposed the patient to risk of harm in that the patient could have received inappropriate treatment based on the lab results.

In response, LVN states her patient’s initial blood work was labeled with the correct labels and the patient asked her to initial them after checking them because she was too weak to write. LVN adds that the morning labs were ordered, and after she drew them from the peripheral IV, LVN labeled them with the labels in the room. LVN states they are required to have either the patient or another worker verify the label before sending the blood to the lab. LVN had not realized that there were two labels in the room – one of the patients and one from the previous patient. LVN claims she initially checked the patient’s labels; however, she signed the wrong sheet without realizing. LVN dropped the blood off at the lab but returned minutes later after realizing the wrong label was placed on the tube. LVN states she made a mistake by labeling FOR the patient and completely sees the error that was made.

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)(C)&(1)(N) and 22 TEX. ADMIN. CODE §217.12 (1)(B).

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 300 nurses before the Texas BON. To contact him, please dial (832)-428-5679 for a confidential consultation or for more inquiries.