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The work that nurses do is often unappreciated. And sometimes, a bit of negligence could lead to a more serious scenario such as filing a suit against them. If this happens to an RN, they should know how to protect and defend themselves. If not properly defended by a nurse attorney, their license could even be suspended or revoked.

At the time of the initial incident, the LVN was employed as a Licensed Vocational

Nurse and had been in that position for ten years and two months.

On or about March 4, 2019, through March 21, 2019, the LVN failed to notify the physician in a timely manner regarding the status of a Stage II ulcer in the right and left buttock, Stage III sacral pressure ulcer, and decline and change in the condition of wounds discovered upon assessment for a patient.

Additionally, the LVN failed to obtain a physician’s order for the treatment of wounds when directly communicating with the physician. The resident was seen by a wound care physician on March 21, 2019, and was immediately transferred to the emergency room for treatment of an infected sacral ulcer and sepsis. Her conduct resulted in a delay in treatment for the resident that was needed to prevent further complications and worsening wound condition.

Subsequently, the LVN failed to notify the patient’s guardian in a timely manner regarding pressure ulcers for a patient. The status of the resident’s wounds was discovered to have deteriorated beginning two weeks prior to notification of the family and guardian. She prevented the resident’s medical decision-maker from being part of the resident’s treatment plan and care decisions.

On or about March 11, 2019, through April 7, 2019, the LVN failed to ensure the physician was notified regarding the decline in the status of a Stage IV pressure ulcer for a patient. The resident required a higher level of care, was transported to the hospital and admitted for treatment of the wound. Her conduct was likely to injure the resident in that the omission placed the resident at risk of ineffective treatment which could result in a delay in recovery.

In response to the incident, the LVN states when notified by the 24-hour report of a new wound to the patient, an assessment was completed and the Director of Nursing (DON) was notified. She states she implemented standing wound care orders as set up by the Primary Care Physician (PCP), and that she followed the facility’s policies and procedure orders for a low air mattress and supplements.

The LVN states she noted the wound to the left and right buttocks heal within two-three weeks without complications, but in the fourth week, she noted a decline in the sacral wound. She states she notified the PCP and patient’s guardian and was informed the guardian was on vacation and to inform their supervisor. The LVN states she notified the DON of the change and orders. She states she was able to get the resident an appointment at the wound care clinic in College Station that week and informed the guardian, their supervisor, PCP, and the DON.

The LVN states the assessment of the wound was noted it had good tissue that had been removed. The LVN states it was noted that the patient had gone home over the weekend without supplies or instructions on how to care for the wound, & that patient was not compliant with care. She states she spoke with the resident’s PCP, and that resident’s non-compliance was carefully planned. The LVN states the PCP, resident, and the resident’s family were all aware of complications of not following diet and care plan for treatment.

However, without the proper help from a good defense nurse attorney, the LVN lost the case and she was disciplined and suspended.

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 nurse attorney, had the RN hired one. Hiring a nurse attorney for defense is applicable for any kind of accusation laid against an RN or LVN.

Nurse Attorney Yong J. An is a Texas nurse license defense lawyer that has a proven track record. He has over 16 years of experience handling Texas BON disciplinary action cases and has helped protect the license of numerous nurses in Texas. For a confidential consultation, call or text him at (832) 428-5679.