It’s best to seek the help of a nurse attorney when facing different complaints and allegations. However, some nurses tend to face these results instead without thinking that a nurse attorney is always reliable for matters such as these.
At the time of the initial incident, an LVN was employed as a Licensed Vocational Nurse at a hospital in Mesquite, Texas, and had been in that position for two (2) years.
On or about February 26, 2018, through February 27, 2018, while employed as a Licensed Vocational Nurse, the LVN failed to timely intervene and notify a physician, the resident’s family, and/or staff when a patient experienced a fall. The patient was transferred to the hospital approximately eleven (11) hours later and diagnosed with left acute cerebral artery stroke. The LVN’s conduct exposed the resident to a risk of harm from a delay in an escalation of care.
On or about February 26, 2018, through February 27, 201 8, the LVN failed to complete and/or document a complete assessment of the condition of the patient when the patient experienced a fall including neurological checks. The LVN’s conduct resulted in an inaccurate medical record and was likely to injure the resident in that subsequent caregivers would not have complete information on which to base their care decisions.
In response to the incidents, the LVN explains that during shift change the resident was seen seated on her chair in her room and subsequently rounded on. The LVN states that at 2220 the aide on duty notified her that the patient was found on the floor in a supine position. The LVN states that a head-to-toe assessment was completed while the resident was on the floor, and vital signs were normal along with respirations. The LVN states that the resident moved all of her upper and lower extremities with no difficulty and denied pain. The LVN states that she offered to transfer her to the Emergency Room (ER) but the patient refused. The LVN states that neuro checks were initiated with no abnormal findings and a call was made to the MD via the call center. The LVN states that the resident’s first emergency contact was called according to protocol and a voicemail was left. The LVN states that she continued to monitor the resident closely, respirations remained even and unlabored, and the patient denied pain.
At 0500, the LVN states that she reassessed the resident, and writing impairment was noted, therefore another call was placed to the doctor. The LVN states that she requested that the patient be sent to the ER and have a head CAT scan, but the doctor declined. The LVN states that an order for a bilateral hip x-ray was received and the LVN again requested the resident be transferred to the ER. The LVN states that she reached out to the facility’s Director of Nursing (DON) and expressed concern about the physician’s transfer decline and the patient’s condition, but the DON suggested that the LVN follow the physician’s order. The LVN states that she gave a report at 0630, and the patient was awake, alert, in no acute distress, and responded to her positively. The LVN states that she spent an extra hour after her shift assisting the patient and the oncoming nurse. The LVN states that she was told by the oncoming nurse that the patient’s family came up to the facility to thank the LVN for notifying them, but that they were unhappy with management for a delay in formally notifying them of the incident.
As a result, the Texas Board of Nursing decided to place her LVN license under disciplinary action. It’s too bad that she failed to hire a nurse attorney for assistance, knowing that she had every reason to defend herself in the first place. Her defense would have gotten better if she sought legal consultation from a Texas nurse attorney as well.
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 the past 16 years and represented over 200 nurses before the Texas BON. To contact him, please dial (832)-428-5679 for a confidential consultation or for more inquiries.