by | Jan 14, 2022

False documentation is a serious case, which is why a nurse attorney is needed if you get accused of this kind of scenario. However, there are some nurses who thought they were guilty of the charges failed to hire a nurse attorney just because they thought it’s the doom for their license already. But that is not entirely the case as there is still hope.

At the time of the initial incident, he was employed as an LVN at a healthcare facility in El Paso, Texas, and had been in that position for two (2) years and eight (8) months.

On or about October 5, 2020, while employed as an LVN at a healthcare facility in El Paso, Texas, LVN did the following:

1. LVN falsely documented that he administered Gabapentin to a patient in that the Gabapentin was discovered in a medication cup on top of the medication cart. LVN’s conduct was deceptive, created an inaccurate medical record, and was likely to injure the patient in that subsequent caregivers would not have accurate information to base their decisions for future care.

2. LVN failed to adequately count and/or safeguard medications in that Patient A had one Risperidone 4mg tablet missing from the medication cart, and Patient B had one Famotidine 20mg tablet missing from the medication cart. LVN’s conduct left medications unaccounted for and was likely to defraud the patients of the cost of the medications.

3. LVN left his nursing assignment and was unable to be located on the unit for approximately one (1) hour. LVN’s conduct was likely to injure the patients from undetected changes in condition.

In response, LVN states he was working two units that day, and at the time of the incident, LVN states he was at the other unit, which was only 20 yards away. LVN states that nobody contacted him, talked to him, or questioned him about what happened that day.

The above actions constitute 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),(1)(D)&(1)(I) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(1)(C),(4),(6)(A),(6)(H),(10)(B)&(12).

Because of this, the LVN was summoned by the Texas Board of Nursing to defend his side. He denied all the accusations against him. However, he failed to properly present his case before the Texas Board of Nursing. Therefore, the Board of Nursing decided to subject his LVN license to disciplinary action.

So, if you’re facing a complaint from the Board, it’s best to seek legal advice first. Texas Nurse Attorney Yong J. An is one of those dedicated nurse attorneys who represented over 150 various nurses in their cases for the past 16 years. To contact him, please dial (832)-428-5679 for a confidential consultation or for more inquiries.

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