The practice of the nursing profession can become challenging and demanding all at the same time. An LVN in Texas needs to follow several rules and regulations in order to prevent revocation of her LVN license. In the past, several cases were filed against different nurses for misconduct and gross negligence which may have put their LVN license in danger. This is why nurses need a Texas nurse attorney.
At the time of the initial incident, she was employed as an LVN at a hospital in Beaumont, Texas, and had been in that position for ten (11) months.
On or about February 1, 2020, while employed as an LVN at a hospital in Beaumont, Texas, LVN went to the wrong room to retrieve a patient, failed to verify the patient’s armband, and brought Patient A to the Operating Room (OR) for an Endoscopic procedure instead of Patient B. This error was discovered by the physician and Endo Tech. LVN’s conduct could have injured the patient in that the wrong procedure could result in the patient suffering from an unnecessary procedure and/or adverse reactions.
On or about March 10, 2020, while employed as an LVN at a hospital in Beaumont, Texas, LVN failed to appropriately conduct a pre-procedural time-out before a pediatric patient who was brought to the Operating Room and put under anesthesia. In addition, LVN failed to follow the required dress code and wore her personal jacket into the sterile Operating Room (OR). LVN’s conduct resulted in an incomplete medical record and could have injured the patient in that subsequent care givers would not have complete information on which to base their care decisions. In addition, LVN’s conduct of wearing personal attire in a sterile operating room created an unsafe environment and could have exposed the patient to contamination.
In response to the above incidents, LVN states that she acknowledges some shortcomings in her nursing practice as related to the above allegations. LVN emphasizes that the above incidents occurred over the span of over one year and that they were relatively isolated in occurrence. LVN’s February 2020 performance evaluation reflected that LVN’s nursing care met expectations overall and specifically notes that she consistently provided excellent patient care. LVN has been a nurse for nearly 40 years but believes that she can continually improve her nursing practice and will take this opportunity to do that.
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)(D),(1)(M),(1)(O)&(1)(P) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(1)(C)&(4).
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.