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In nursing care obtaining the correct diagnosis or result is very important, by doing so the patient can receive the right treatment he/she needs. If an LVN fails to do it correctly and if something bad happens to the patient due to the LVN’s misconduct, the LVN will be subjected to disciplinary action by the Board. The LVN involved with such a case can ask for help from a nurse attorney.

At the time of the incident, he was employed as an LVN with a home health care agency in Pearland, Texas, and had been in that position for two (2) years and four (4) months.

On or about August 31, 2018, through September 2, 2018, while employed as an LVN with a home health care agency in Pearland, Texas, LVN failed to report a new wound on the left foot of a patient to the supervising nurse or physician, after documenting the wound in the patient’s medical record. Additionally, LVN has incompletely documented in the patient’s medical record both that the patient’s skin was intact and that the patient’s foot exhibited lesions or open areas. LVN’s conduct resulted in an incomplete medical record and could have caused harm to the patient from complications of untreated skin problems as well as increased risk of infection.

In response, LVN states the patient’s injury was most likely a matter of the patient suffering a traumatic injury to his foot after the LVN’s morning home health visit. LVN states that at his first home health visit with this patient, he noted a small amount of blood on the patient’s bedsheets and a scratch on his foot about 0.25-0.5 cm. LVN states that he cleaned and applied a band-aide to the scratch. LVN states that for the next two mornings, he continued to cover the scratch to protect it, but there were no other signs of infection or complications including a lack of redness, edema, pustulation, streaking, or swelling to the patient’s foot.

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)(D),(1)(M),(1)(P)&(2)(A) and 22 TEX. ADMIN. CODE §217.12(1)(A)&(1)(B).

However, without valid evidence to defend his side of the story, the LVN lost the case. Furthermore, the LVN failed to hire a Texas nurse attorney to help him with his case. Because of this, the Texas Board of Nursing disciplined the LVN’s license.

Do not be stressed or anxious if you find yourself in a similar situation as that of the LVN mentioned above. All you need to do is to find the right RN/LVN license attorney who can help you in the case. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas RN/LVN license attorney. Texas Nurse Attorney Yong J. An is an experienced nurse attorney for various licensing cases for 16 years and represented over 150 nurses before the Texas BON. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-4579.

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