Ensuring patients receive appropriate and timely treatment is an essential responsibility of nurses. They must diligently follow physicians’ orders without any omissions, as even a single missed order can potentially harm a patient. Unfortunately, there are instances where some LVNs fail to fulfill their duties and unintentionally cause harm to patients. In such cases, LVNs should be prepared for potential summons from the Board to address their conduct. Engaging the services of a nurse attorney can be beneficial for LVNs navigating these legal matters.
At the time of the initial incident, she was employed as an LVN with a home health care provider in Carrollton, Texas, and had been in that position for eight (8) years and eight (8) months.
On or about March 4, 2021, through March 11, 2021, while employed as an LVN with a home health care provider in Carrollton, Texas, LVN was accused of the following:
- LVN failed to apply Santyl to the left buttock of a patient. In addition, LVN failed to timely notify the physician when Santyl was unavailable. LVN’s conduct was likely to injure the patient from ineffective wound treatment and deprived the physician of the opportunity to provide alternative wound care orders.
- LVN failed to measure the wounds of a patient. LVN’s conduct was likely to injure the patient from clinical decisions based on incomplete assessment data.
- LVN failed to assess the surgical staples on the right hip of a patient who had a surgical dressing to the right hip since February 11, 2021. In addition, LVN failed to notify the physician when the patient missed a follow up appointment to have staples assessed and/or removed. LVN’s conduct was likely to injure the patient from undetected complications of surgical wound including infection and deprived the physician of the opportunity to provide medical intervention
In response, LVN states the patient had a wound on the sacrum area that was not draining. The patient was in pain and refused to be turned after incontinent care. A piece of foam was placed on the sacrum, as no Santyl was in the home. LVN stated a message was left with the patient physician regarding the Santyl. Furthermore, LVN states on March 11th, the patient refused to turn or allow for wound care or measurements. LVN states she did a review of pressure sores and the importance of relieving pressure every two hours. LVN states the patient had a non-removable dressing on her left hip. On March 4th the dressing was dry and intact, and assessment was made around the dressing with no concerns noted. When returning on March 11th, again no concerns were noted. LVN states the dressing was dry and intact.
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)(D),(1)(M),(1)(P)&(2)(A) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(1)(C)&(4).
Unfortunately, the Texas Board of Nursing found her guilty of her deeds. Her LVN license was subjected to disciplinary action. She did not hire a skilled Texas nurse attorney to fully defend her case which led to this decision by the Texas Board of Nursing.
Make sure that you will not make the same mistake as the LVN mentioned above in her case before the Texas Board of Nursing (BON). Contact a Texas nurse attorney today who can provide you with a confidential consultation and evaluate your case and counsel you on the best steps to take. Texas Nurse Attorney Yong J. An is an experienced nurse attorney for various licensing cases for 16 years and represented over 300 nurses before the Texas BON. Contact Mr. An by calling or texting him 24/7 directly at (832) 428-5679.