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Nursing assessment skills is one of the nurse’s most valuable assets. This is the main reason why whenever someone filed a complaint against you involving negligence and medical malpractice, your license could be put in danger if not defended by a nurse attorney.

At the time of the initial incident, she was employed as an LVN at a healthcare and rehabilitation facility in Tyler, Texas, and had been in that position for three (3) months.

On or about March 14, 2020, through March 15, 2020, while employed as an LVN at a healthcare and rehabilitation facility in Tyler, Texas, after a resident experienced a fall, LVN failed to complete a full head to toe assessment to include neuro checks, failed to notify the resident’s physician and appropriate family members, and failed to document the fall incident. LVN’s conduct was likely to injure the resident in that failure to complete a full assessment could have resulted in non-efficacious treatment. Furthermore, LVN’s conduct resulted in an inaccurate medical record and deprived subsequent care givers and the physician of information that could have been needed to institute appropriate medical interventions.

In response, LVN states that after her shift ended at 10:00pm, she headed to clock out when she overheard the Certified Nurse Aide (CNA) yell that she needed a nurse to assess due to a fall. LVN states that due to the night shift nurse being in a different hall assisting another patient, LVN promptly dropped her things and rushed to check on the resident. LVN states that she found the patient sitting on the floor, and she performed a focused assessment, checked the resident’s range of motion, and assessed her for pain. After the assessment, LVN states that she and a CNA assisted her to her wheelchair and then transferred her to her recliner. LVN states she gave her assessment information to the night shift nurse and asked her to write an incident report to include neuros, and to contact the physician and responsible party. LVN states it wasn’t until later that she learned an incident report and contacts weren’t made. LVN states that she believes the incident report and subsequent phone calls were not completed as per standard protocol due to miscommunication. 

The above actions constitute 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)(M)(1)(P)&(2)) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(1)(C)&(6)(C).

However, without valid evidence to defend her side of the story, the LVN lost the case. Furthermore, the LVN failed to hire a Texas BON attorney to help her with her case. Because of this, the Texas Board of Nursing disciplined the LVN’s license.

Do not be stressed or anxious if you find yourself in a similar situation as that of the LVN mentioned above. All you need to do is to find the right RN/LVN license attorney who can help you in the case. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas RN/LVN license attorney. Texas Nurse Attorney Yong J. An is an experienced nurse attorney for various licensing cases for the past 16 years and represented over 300 nurses before the Texas BON. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-5679.