by | May 20, 2023

The assistance of a nurse attorney is valuable if you’re facing a case before the Texas Board of Nursing. Your defense can be strengthened further if you’re going to face the Board, even if your case is multiple instances of failure to follow a procedure. There are times when mistakes at work could be inevitable, which is why a nurse attorney can assure full assistance over such errors. At the time of the initial incident, an LVN was employed as a Licensed Vocational Nurse at a health facility in Richardson, Texas, and had been in that position for nine (9) years and five (5) months.

On or about January 7, 2019, through March 15, 2019, while employed as a Licensed Vocational Nurse, the LVN signed out two (2) tabs of APAP #3, four (4) tabs of Acetaminophen-Cod #3, three (3) tabs of Hydrocodone 10/325mg, one (1) tab of Hydrocodone 7.5/325mg, one (1) tab of Morphine Sulfate 30mg, and one (1) tab of Hydrocodone 5/325mg from the individual control drug sheet for the patients when you were not clocked in. The LVN’s actions were likely to deceive the pharmacy and are a violation of Chapter 481 (Controlled Substances Act) of the Texas Health and Safety Code.

It was on or about January 13, 2019, through April 22, 2019, while employed as a Licensed Vocational Nurse, the said LVN signed out four (4) tablets of Acetaminophen-Cod #3, four (4) tabs of Hydrocodone 10/325mg, one (1) tab of Oxycodone 5mg, and one (1) tab of Hydrocodone 5/325mg from the individual control drug sheet for the patients, but failed to document and/or accurately and completely document the administration of the medication in the patients’ Medication Administration Record (MAR) and/or Nurses’ Notes. The action of the LVN was likely to injure the patients, in that subsequent caregivers would rely on her documentation to further medicate the patients, which could result in an overdose. Additionally, the LVN placed the hospital in violation of Chapter 481 (Controlled Substances Act) of the Texas Health and Safety Code.

On or about January 13, 2019, through April 22, 2019, while employed as a Licensed Vocational Nurse, the LVN signed out four (4) tablets of Acetaminophen-Cod #3, four (4) tabs of Hydrocodone 10/325mg, one (1) tab of Oxycodone 5mg, and one (1) tab of Hydrocodone 5/325mg from the individual control drug sheet for the patients but failed to follow the facility’s policy and procedure for wastage of the unused portions of the medications. The LVN’s actions left medications unaccounted for, were likely to deceive the hospital pharmacy, and placed the pharmacy in violation of Chapter 481 (Controlled Substances Act) of the Texas Health and Safety Code.

As a result of the incident, the LVN states that she was on call one weekend a month and she was told not to clock in if staff were not at the facility for a prolonged period of time or for the entire ship and that the on-call shifts were documented on paper and submitted to human resources.

Therefore, based on the findings of the Board, the LVN received disciplinary action to ensure further safety and accurate documentation as she works in the future which may also serve as her lesson learned. She could have hired a nurse attorney for instances such as this.

So if you’re summoned by the Board for a hearing against your case if you ever did a minor mistake at work, it’s best to consult a nurse attorney first. For further information and if you wish to schedule a private consultation, Nurse Attorney Yong J. An, can assist you by dialing his number at (832) 428-5679. Nurse Attorney Yong J. An, is an experienced nurse attorney who handled various nurse cases since 2006.

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