An RN or LVN who violates the state laws and issues from the Texas Board of Nursing (BON) should seek proper help from a nurse attorney. Doing so could make or break their cases. As a matter of fact, the license can even be suspended or revoked if not defended properly.
At the time of the initial incident, she was employed as an LVN at a detention facility in New Braunfels, Texas, and had been in that position for eight (8) months.
On or about June 10, 2020, while employed as an LVN at a detention facility in New Braunfels, Texas, LVN failed to adequately assess a patient, and failed to intervene when the patient had abnormal vital signs including blood pressure 177/123mmHg and a heart rate of 130 bpm. Additionally, LVN failed to notify a supervisor and/or provider regarding the patient’s status. Subsequently, the patient was transferred to the hospital the following shift for abnormal vital signs and change in level of consciousness, where she was diagnosed with sepsis, meningitis, and accelerated hypertension, and ultimately expired. LVN’s conduct resulted in a delay in emergency treatment for the patient that was needed to prevent further complications.
In response, LVN states that when she arrived on shift on the date in question, she was told that blood pressure was to be checked each shift, but there were no parameters established as to when to notify a supervisor. LVN states that when she obtained the patient’s blood pressure, the patient was scooting around the cell and would not hold still; the pressure and heart rate were elevated, which she felt were related to the patient’s activity. LVN states that the patient went to sleep after that, and she notified the oncoming nurse at 0500 about the vital signs. LVN states that the day shift sent the patient to the hospital for altered mental status for several days and for refusing treatment for weeks, with no mention of the blood pressure LVN took early that morning. LVN adds that she should have retaken the pressure after the patient had calmed down in order to get a more accurate reading, but it was a busy night since her duties included being responsible for 140 inmates, medication passes, accuchecks, medical intakes, and any emergencies that might arise.
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)(C),(1)(D),(1)(M)&(2)(A) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B)&(4).
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 300 nurses before the Texas BON. To contact him, please dial (832)-428-5679 for a confidential consultation or for more inquiries.
