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The proficiency of nursing assessment skills is crucial for nurses and serves as a vital asset. It is precisely due to this reason that any complaint lodged against a nurse regarding negligence or medical malpractice can potentially jeopardize their license unless they are supported by a nurse attorney for defense.

At the time of the initial incident, she was employed as an LVN at a hospital in Brownsville, Texas, and had been in that position for one (1) year and three (3) months.

On or about October 10, 2020, while employed as an LVN at a hospital in Brownsville, Texas, LVN failed to assess and/or document an assessment for a patient. LVN’s conduct could have injured the patient from clinical decisions based on incomplete assessment data.

On or about May 12, 2021, while employed as an LVN at a hospital in Brownsville, Texas, LVN failed to clarify the peritoneal dialysis catheter orders for a patient, which required a caregiver to flush the catheter, connect it to bulb suction, empty and record amount of drainage, and place it to drain. LVN’s conduct could have harmed the patient from retention of dialysis fluid and insufficient drainage of catheter.

In response, LVN states she was a new nurse and was learning the tasks required and time management. She points out that her errors were determined by the hospital to be part of a new nurse’s learning curve and the hospital stated she had learned from her mistakes. However, in 2021 when a physician became angry that he was contacted after hours for an order he considered to be clear and easy, he filed a complaint that resulted in an allegation. The previous issues that had been resolved by the hospital were then brought forward again. LVN’s preceptor provided a letter explaining how LVN has grown from a new nurse and the preceptor believes LVN to be a competent and good nurse while another co-worker stated LVN is one of the best nurses she has ever worked with.

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)(N),(1)(P)&(3)(A) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B)&(4).

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

For more details and to schedule a confidential consultation, you must approach one of the most experienced Texas Nurse Attorney, Yong J. An. He is an experienced nurse attorney who represented more than 300 nurse cases for RNs and LVNs for the past 16 years. You can call him at (832) 428-5679 to get started or to inquire for more information regarding nursing license case defenses.