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Medical negligence has been a signature specialty of a nurse attorney when handling cases for some nurses. However, some nurses tend to forget this fact because they really felt like they should be responsible even if they never intended to commit such an error.

On or about June 8, 2017, while employed as a Licensed Vocational Nurse (LVN) in the Emergency Department (ED) of a hospital in El Paso, the LVN incorrectly administered Morphine and Zofran to two patients by infusing the medications into a 1,000cc bag of normal saline. The morphine and Zofran were ordered to be given via intravenous push (IVP).

Additionally, the LVN failed to label the IV bags to indicate what fluids the Morphine and Zofran had been infused into. Her conduct exceeded her scope of practice as a licensed vocational nurse and was likely to injure the patients in that failing to administer medications as ordered by the physician could result in the patients suffering from adverse reactions.

Subsequently, the LVN provided intravenous (IV) therapy to two patients without a documented IV Certification and/or competency on file at the facility. Her conduct exceeded her scope of practice as a licensed vocational nurse and deceived fellow caregivers, patients, and patient’s families into believing that her nursing practice was in compliance with all Board Rules and Regulations.

This issue was filed as a complaint and sent to the Texas Board of Nursing. The Texas Board of Nursing has full jurisdiction in all cases that may affect the status of an RN or LVN’s license in the future. But they advise nurses to attend a hearing first before placing the sentence, which the LVN attended for her career’s security.

In response, the LVN admits she never got checked off on her competencies, and states she was told they did not have one because it had been a while since an LVN was employed in the ER. She states that the facility’s “protocol” was to administer medication through the IV access via IVP or IVPB by “inoculating” medications or narcotics into a 50cc or 25cc NS bas, scan medications at the patient’s bedside, scan the patient’s armband, verbally confirm the patient’s name and date of birth, label medications inoculated into the IV bags, and have the RN administer the medication. The LVN further states she followed this protocol for all her patients.

However, the LVN failed to hire an effective nurse attorney to help her defend her side. As a result, the Texas Board of Nursing placed her RN license to 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 actually 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. To contact him, please dial (832)-428-5679 for a confidential consultation or for more inquiries.