The Texas Board of Nursing (BON) has the jurisdiction to hear and decide cases involving the practice of professional nursing in Texas. Any RN/LVN in Texas found guilty of violating the state laws and regulations may be subjected to a disciplinary case. The complaint can be filed before the Texas Board of Nursing (BON). When it comes to disciplinary proceedings before an administrative body in the state of Texas, the first thing that you need to take into consideration is to hire the best Texas nurse attorney. This attorney can help any RN/LVN defend herself and try to prevent the revocation of the license of RN/LVN in Texas.
At the time of the initial incident, she was employed as an LVN with a home health care services provider in The Woodlands, Texas, and had been in that position for seven (7) years and three (3) months.
On or about April 13, 2020, while employed as an LVN with a home health care services provider in The Woodlands, Texas, LVN failed to intervene appropriately for a patient when direct care staff reported to LVN that the patient had a change of condition, with shortness of breath, wheezing, and profuse sweating. LVN instructed the staff member to take the patient to the emergency room, instead of calling 911. When the patient arrived at the emergency room by private vehicle approximately twenty (20) minutes later, CPR was started but was unsuccessful, and the patient expired. LVN’s conduct resulted in a delay in emergency treatment for the patient that was needed to prevent further complications and may have contributed to the patient’s subsequent demise.
In response, LVN states that she used her nursing judgement to have staff take the patient to the emergency room via the company van as opposed to calling 911 because she felt the resident assistant would have taken the time to call and report to 911 and then wait for emergency medical services (EMS) to arrive. LVN states she knew that staff would have taken the patient to the emergency room faster than EMS. LVN states that the only symptom on the protocol for calling 911, was sweating which was listed under heart attack. RN notes that sweating was not uncommon for this patient. LVN states that she was never informed that the patient was having shortness of breath.
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)(D),(1)(M)&(1)(P) and 22 TEX. ADMIN. CODE §217.12(1)(A)&(1)(B).
However, without valid evidence to defend her side of the story, the LVN lost the case. Furthermore, the LVN failed to hire a Texas BON attorney to help her with her case. Because of this, the Texas Board of Nursing disciplined the LVN’s license.
Do not be stressed or anxious if you find yourself in a similar situation as that of the LVN mentioned above. All you need to do is to find the right RN/LVN license attorney who can help you in the case. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas RN/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.