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There are different cases that are filed every single day before the Texas Board of Nursing (BON). In these cases, the assistance of a nurse attorney is necessary to ensure that the rights of the nurse involved are protected. At the same time, the nurse attorney can also help in rebutting all the allegations of the complainant. Sad to say, many nurses fail to see the significant role that the nursing defense attorney has in the hearing of their cases. As a result, they end up waiving the right to be represented by a counsel and being disciplined by the BON.

At the time of the incident, she was employed as an LVN at a nursing home in Killeen, Texas, and had been in that position for five (5) months.

On or about August 5, 2020, while employed as an LVN at a nursing home in Killeen, Texas, LVN failed to timely notify the physician regarding the change in the condition of a resident. Specifically, the resident, who was undergoing frequent neurological assessments related to a fall at approximately 4 p.m. that had resulted in a head injury, experienced a change in his verbal assessment at approximately 6:30 p.m.; however, the physician was not notified until 7:30 p.m. Subsequently, LVN was ordered to call 911 and send the resident to the hospital, where he was diagnosed with a brain bleed. LVN’s conduct was likely to injure the patient in that it deprived medical providers of pertinent information that may have led to earlier emergency medical care.

In response, LVN states that the physician was notified at the time of the fall and stated to continue with the fall protocol and neurological checks. LVN states that she assessed the resident at 4:30 p.m. and the resident was alert with clear speech. LVN states that she assessed the resident at 5 p.m. and the resident was alert and verbalizing appropriately. LVN states that she assessed the resident at 5:30 p.m., and then she consulted with the director of nursing who assessed the resident and noted the resident to be alert and able to verbalize appropriately. LVN states that she assessed the resident at 6:30 p.m. and the resident was able to open his eyes to verbal stimuli and answer questions verbally and appropriately. LVN states that she assessed the resident at 7:30 p.m. and noted a decreased reaction to verbal stimuli, which prompted her to consult with a registered nurse.

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)(P) and 22 TEX. ADMIN. CODE §217.12(1)(B)&(4).

The Texas Board of Nursing then subjected the LVN and her license to disciplinary action. The accusation would have been defended by an experienced and skilled TexasNurse Attorney, had the LVN hired one. Hiring a Texas Nurse Attorney for defense is applicable for any kind of accusation laid against an LVN.

For more details and to schedule a confidential consultation, you must approach one of the most experienced Texas Nursing Law attorneys, Nurse Attorney Yong J. An. He is an experienced nurse attorney who represented more than 150 nurse cases for RNs and LVNs for the past 16 years. You can call him at (832)-428-5679 to get started or to inquire for more information regarding nursing license case defenses.