by | Mar 4, 2023

Every person who wants to become a professional LVN or RN in the state of Texas needs to go through several processes. This is the main reason why you should be careful when doing your job, or else, complaints or charges might be filed against you. Without the help of a nurse attorney, you might get suspended by the Texas Board of Nursing. 

At the time of the initial incident, an LVN was employed as a Licensed Vocational Nurse at a medical facility in McKinney, Texas, and had been in that position for one (1) year and one (1) month.

On or about February 9, 2018, while employed as a Licensed Vocational Nurse, the said LVN failed to timely assess the Patient after the On-Call, RN Nurse informed the LVN by text message at 8:42 AM of the patient’s elevated blood pressure of 151/112mmHg and heart rate of 122 beats per minute and the LVN replied at 9:26 AM via text message. The LVN’s response to the RN’s text message was, “Thanks, I will check BP and P.” The patient had a history of bowel impaction and bowel obstruction including a hospitalization nine (9) months prior to this date. At the time of these events, the said LV was Patient QW’s case manager and the records reflect the LVN was aware of Patient QW’s prior bowel issues. The patient was not assessed by the LVN on Feb. 9, 2018, until around noon when he was brought to the LVN by other staff, at which time he was experiencing vomiting, shortness of breath, and a distended abdomen. The LVN then assessed Patient QW but was unable to obtain a blood pressure reading on the patient. The patient was emergently transported by EMS to the medical facility where he was diagnosed with severe bowel impaction, and bowel obstruction suffered two cardiac arrests, and died less than four (4) hours later. The LVN’s conduct resulted in a delay in treatment for the patient that was needed to prevent further complications and may have contributed to the LVN’s demise.

Concerning the events, the LVN states when she arrived at the day hab facility, she parked in the back and entered the building looking for the patient, but she could not find him. The said LVN asserts that when she went to her office, the patient and a staff member came in and staff reported that the patient had vomited. In addition, the LVN asked the patient if his stomach was hurting and he said no. She was unable to obtain a blood pressure reading with the treatment room blood pressure equipment, so she called 911, and added that the patient was awake, alert, and responsive, including when emergency medical services arrived and took him to the emergency room (ER). According to the LVN, she followed him to the ER and the patient told her that he would be OK. Furthermore, the patient had a bowel obstruction, and when a tube was placed down his throat he aspirated, cardiopulmonary resuscitation was performed, and he was brought back before transferring to intensive care. The said LVN states that the home care staff did not report to her that the patient had no bowel movements, vomiting, or any complaints of abdominal pain or discomfort at any time before this incident.

As a result, the LVN was given disciplinary action by the Board. And also, her lack of an experienced nurse attorney to properly defend her case led to the suspension of her license which also affected her career as an LVN. The LVN was also said to be under probation due to her misconduct.

Do you have questions about the Texas Board of Nursing disciplinary process? Contact The Law Office of Nurse Attorney Yong J. An, for a confidential consultation by calling or texting 24/7 at (832) 428-5679 and ask for attorney Yong.

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