Patient care standards demand meticulous attention to detail, especially when responding to incidents involving potential head injuries. When LVNs find themselves facing allegations related to a failure in patient care, especially involving crucial assessments after an injury, the assistance of a nurse attorney becomes invaluable. A nurse attorney possesses the expertise to navigate the complex intersection of healthcare regulations and legal considerations. In situations like these, the nurse attorney can meticulously examine the circumstances, evaluate the facility’s protocols, and construct a robust defense strategy.
At the time of the initial incident, she was employed as an LVN at an assisted senior living facility in Corpus Christi, Texas, and had been in that position for four (4) months.
On or about October 19, 2021, while employed as an LVN at an assisted senior living facility in Corpus Christi, Texas, LVN failed to assess the level of consciousness, extremity movement, hand grips, and/or pupillary size and reaction of the patient after receiving a provider’s order to perform neurological checks every four (4) hours, after the patient was hit on the head. LVN’s conduct was likely to injure the patient in that subsequent care givers would rely on her assessments and/or documentation to provide further care.
In response, LVN states shortly before the end of her shift she was informed that the patient had been hit on the head with a book. LVN states she assessed the patient’s vital signs and pupils were reactive to light. LVN states the patient, who does not usually follow commands, had a firm grip but would not squeeze as instructed. LVN states the patient had clear speech, skin was intact, and the patient got up and walked without difficulty. LVN states she called the provider and obtained an order for neurological checks every four (4) hours until the morning. LVN states she informed a nurse on duty for the evening shift, entered the order, and placed a note in the system before clocking out.
The above action constitutes grounds for disciplinary action in accordance with Section 301.452(b)(10)&(14) Texas Occupations Code, and is a violation of 22 TEX ADMIN. CODE §217.11(1)(A),(1)(B),(1)(M)&(2)(A) and 22 TEX. ADMIN. CODE §217.12 (1)(A),(1)(B)&(4).
The Texas Board of Nursing then subjected the LVN and her license into disciplinary action. The accusation would have been defended by an experienced and skilled Texas Nurse Attorney, had the LVN hired one. Hiring a Texas Nurse Attorney for defense is applicable for any kind of accusation laid against an RN or LVN.
For more details and to schedule a confidential consultation, you must approach one of the most experienced Texas Nurse Attorney, Yong J. An. He is an experienced nurse attorney who represented more than 500 nurse cases for RNs and LVNs for the past 17 years. You can call him at (832) 428-5679 to get started or to inquire for more information regarding nursing license case defenses.