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Accusations are stressful issues for an RN or LVN, except when a Texas nurse attorney assists you against the case. The Texas Board of Nursing is responsible for all hearings against RNs and LVNs undergoing a case that may revoke, suspend, or only discipline their license. Take note that nurse attorneys can also defend a nurse’s license against accusations.

At the time of the initial incident, he was employed as an LVN at a hospital in Laredo, Texas, and had been in that position for five (5) years and two (2) months.

On or about September 6, 2017, through September 7, 2017, while employed as an LVN at a hospital in Laredo, Texas, LVN assessed an ICU patient’s blood pressure once during the shift. Subsequently, the patient refused LVN’s blood pressure taking attempts and LVN did not document the patient’s refusal. LVN did not call the cardiologist as the patient’s heart rate was documented between 122 to 133, during the shift. LVN’s conduct may have delayed care decisions by the cardiologist.

In response, LVN states that the patient had a chronically high heart rate that had been treated throughout her hospitalization. Prior to LVN taking over care, the patient had just been administered oral amiodarone. The cardiologist previously treated the patient for this condition and scheduled to visit the patient in the morning. Her heart rate was being monitored but the monitor technician never informed LVN of her heart rate. The patient and her family requested the blood pressure cuff be removed and not to bother the patient. In addition, LVN states that the conditions for him and the patients in the ICU/IMU that shift were not safe. When he tried to invoke the protections of Safe Harbor, his supervising RN and facility administrators refused to assist and were unresponsive to his requests at a time when he, while involuntarily precepting a new employee/recently graduated Registered Nurse, was working in the ICU/IMU under adverse systemic working conditions including assignment to multiple patients and insufficient other staff support.

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)(B),(1)(D)&(1)(M).

A case was ultimately filed against him 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 his case was not able to properly defend his interests and rights before the Board. The Texas Board of Nursing (BON) found him guilty of the offense alleged in the complaint and decided to place his 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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