Overdose can be accidental or intentional. An overdose occurs when a person or a patient takes more than the medically prescribed dose. In nursing care, it is the duty of the assigned nurse to see to it that the administered medication correctly coincides with the physician’s order of dosage. However, if an LVN neglected such duty or made a mistake during her or his shift, a patient’s life will be at risk. And if an LVN is accused and being summoned by the Board, a nurse attorney will be such a great help on the case.
At the time of the incident, she was employed as an LVN at a hospital in Odessa, Texas, and had been in that position for seven (7) years and two (2) months.
On or about August 16, 2020, while employed as an LVN at a hospital in Odessa, Texas, LVN administered Ultram to a patient in excess frequency and/or dosage of the physician’s order in that LVN inadvertently administered Ultram 50mg to the patient as opposed to Ultram 25 mg. Afterwards, LVN obtained a physician’s order for a one-time dose of Ultram 50mg. LVN admitted to the Director that she administered Ultram 50mg prior to obtaining a physician’s order for Ultram 50mg. LVN’s conduct was likely to injure the patient in that the administration of Ultram in excess frequency and/ or dosage of the physician’s order could result in the patient suffering from adverse reactions. Additionally, LVN’s conduct placed the hospital in violation of Chapter 481 (Controlled Substances Act) of the Texas Health and Safety Code.
In response, LVN states that the patient received pain medication postoperatively in the form of Ultram 25 mg by mouth as ordered. The patient’s pain was not relieved by the 25mg dose on August 16, 2020, so LVN states she spoke with the doctor, asking if she could give a 50mg dose. LVN states the patient was discharged on August 18, 2020, in stable condition. LVN states she was assigned to the above mentioned patient on August 16, 2019, and the order for Ultram states “Ultram (Tramadol Hydrochloride 50mg tab) 25mg PO every 6 hours as needed/for mild-moderate pain per protocol”. LVN states her documentation shows “the patient had constant throbbing pain relieved by opioid and gave the one-time dose as ordered. Before the order was in, I scanned the 25mg order and gave the 50mg dose by accident.” This means that LVN scanned the 50mg pill onto the 25mg order and gave the 50mg dose. Prior to giving the medication, LVN states she spoke to the doctor to give an order of 50mg because the patient was not relieved of pain from the 25mg dose. LVN states therefore she had it in her mind to give the whole 50mg tablet.
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)(C) and 22 TEX. ADMIN. CODE §217.12(1)(A), (1)(B),(4),&(11)(B).
The evidence against the LVN was strong. At the same time, she was not able to properly defend her case in court. As a result, her nursing license was placed under disciplinary action.
Avoid the similar thing from happening on your end. Make sure to find the right defense attorney in case a complaint will be filed against you before the Texas Board of Nursing (BON). For more details or for a confidential consultation regarding accusations, it’s best to contact an experienced Texas nurse attorney. Texas Nurse Attorney Yong J. An 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.