by | Jan 16, 2023

Nurses are always at risk for accusations of medical malpractice or negligence. If someone filed a complaint against you, your license could be put in danger if not defended by a nurse attorney. An LVN from Victoria, Texas is just one of the many examples of nurses who were charged with negligence and failed to hire an effective nurse attorney.

At the time of the initial incident, she was employed as an LVN at a healthcare and rehabilitation facility in Victoria, Texas, and had been in that position for five (5) months.

On or about May 10, 2020, while employed as an LVN at a healthcare and rehabilitation facility in Victoria, Texas, and on-call, LVN inappropriately instructed staff to start Cardiopulmonary Resuscitation (CPR) on a resident, who was found unresponsive, and had an order to Do-Not-Resuscitate (DNR). Subsequently, CPR was performed on the resident by staff and the fire department until staff was able to determine the resident’s DNR status. In addition, LVN failed to notify the resident’s hospice agency in a timely manner and the resident’s family about the resident’s subsequent demise as required. LVN’s conduct exposed the patient unnecessarily to a risk of harm from inadequate treatment. Furthermore, LVN’s conduct deprived the hospice and the family of the information they requested on which to base the decisions on further care.

In response to the above incident, LVN states that she personally called the hospice and the hospice arrived about 7:30 am, per staff. LVN states that the family was not notified of the situation due to the resident being on hospice services who notified the family.

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).

The evidence against the LVN was strong. At the same time, she was not able to properly defend her case in court. As a result, her nursing license was placed under disciplinary action.

Avoid the similar thing from happening on your end. Make sure to find the right defense attorney in case a complaint will be filed against you before the Texas Board of Nursing (BON). For more details or for a confidential consultation regarding accusations, it’s best to contact an experienced Texas nurse attorney. Texas Nurse Attorney Yong J. An is an experienced nurse attorney who represented more than 300 nurse cases for RNs and LVNs for the past 16 years. You can call him at (832) 428-5679 to get started or to inquire for more information regarding nursing license case defenses.

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