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Overdose can be accidental or intentional. An overdose occurs when a person or a patient takes more than the medically prescribed dose. In nursing care, it is the duty of the assigned nurse to see to it that the administered medication correctly coincides with the physician’s order of dosage. But if an LVN neglected such duty or made a mistake during her or his shift, a patient’s life will be at risk. If an LVN is accused and being summoned by the Board, a nurse attorney will be such a great help on the case.


An incident happened to an LVN in 2019. At the time of the incident, she was employed as an LVN with a health care agency in Wichita Falls, Texas, and had been in that position for five (5) months.


On or about July 24, 2019, while working as an LVN with a health care agency in Wichita Falls, Texas, LVN incorrectly administered Norco 10 milligrams/325 milligrams via gastrostomy tube twice to a resident. The ordered dose for the Norco was 5 milligrams/325 milligrams. Additionally, LVN incorrectly documented that she administered Norco 5/325mg twice to the patient when LVN actually administered Norco 10/325mg twice instead. LVN’s conduct resulted in an incomplete medical record and was likely to injure the patient from medication administered non-efficaciously.


In response, LVN states that the wrong dose of Norco was administered to the patient. LVN states that the patient’s dose was continually changing and in the dispensing machine and the old dose had not been removed from the machine. LVN states therefore the wrong dose was administered to the patient. LVN states that the patient was made aware and no adverse reactions occurred due to the medication error.


The above actions constitute grounds for disciplinary action in accordance with Section 301.452(b)(10)&(13), Texas Occupations Code, and are a violation of 22 TEX. ADMIN. CODE §217.11(1)(A),(1)(B),(1)(C)&(1)(D) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(1)(C)&(4).


This is the reason why the Texas Board of Nursing decided on subjecting her LVN license to disciplinary action. The LVN failed to hire a nurse attorney for the defense regarding the accusation laid against her. If only she had hired a nurse attorney, the result would have been different.

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 willing to assist every nurse in need of immediate help for nurse licensing cases. He is an experienced nurse attorney for various licensing cases for 16 years and represented over 200 nurse BON license cases before the Texas BON. To contact him, please dial (832)-428-5679 for a confidential consultation or for more inquiries.