In nursing care, nurse visits and a complete and accurate medical record, in a timely manner, bring positive outcomes on the health improvement of a patient. Failure to timely document with incorrect and inaccurate health information of a patient means poor outcome. This shows that accurate documentation of health information has a huge impact on a patient’s recovery. But if an LVN, improperly executed such a task in nursing care, the Board may put the LVN into disciplinary action with suspension or revocation of license. If this happens, it is better to seek help from a nurse attorney.
At the time of the initial incident, she was employed as an LVN with a hospice health care provider in El Paso, Texas, and had been in that position for one (1) year and three (3) months.
On or about August 19, 2020, while employed as an LVN with a hospice health care provider in El Paso, Texas, LVN failed to complete a scheduled nursing visit for a patient, and falsely documented completing the visit, including assessing the patient and taking vital signs. Additionally, LVN admitted that she did not see the patient and falsified the documentation. LVN’s conduct resulted in an inaccurate and was likely to injure the patient in that subsequent caregivers would rely on her documentation in order to provide further patient care.
In response, LVN states she was scheduled to see the patient on August 19th and called around 4:45 pm and spoke with her husband who started the patient was asleep. LVN states she told him that she would try to see the patient the next day. However, due to some family issues, LVN states she forgot to reschedule the visit for the following day. LVN states she was behind on her charting and the hospitalization of her father over the weekend contributed to a further delay. When she went to chart on the patient, she did not remember seeing her, but she had detailed notes about her, so unfortunately with her timeline the events of the weekend she charted on her visit with the notes she had written and a set of vital signs that were on a sticky note without a patient’s name on it. LVN states she is truly sorry and takes full responsibility for her acts.
The above actions constitute grounds for disciplinary action in accordance with Section 301.452(b)(10)&(13), Texas Occupations Code, and a violation of 22 TEX. ADMIN. CODE §217.11(1)(A),(1)(B)&(1)(D) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(1)(C),(4),(6)(A)&(6)(H).
A case was ultimately filed against the LVN before the Texas Board of Nursing (BON). The said allegation was fatal to the LVN’s capability to perform the essential functions and duties. Sad to say, the nursing defense attorney who handled her case was not able to properly defend her interests and rights before the Board. The Texas Board of Nursing (BON) found her guilty of the offense alleged in the complaint and decided to place her LVN license under disciplinary action.
If you also received a letter from the Texas Board of Nursing regarding a case or complaint filed against you, you should hire a nurse attorney immediately before it’s too late. Texas Nurse Attorney Yong J. An is one of those dedicated nurse attorneys who helped represent more than 150 nurse cases for the past 16 years. You may contact him 24/7 at (832) 428-5679 for more information or if you want to schedule a private consultation.
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