In the realm of healthcare, ensuring the safety and well-being of residents in long-term care facilities is an essential responsibility for nurses, particularly in cases where residents have specific medical orders, such as continuous oxygen administration. Nurses are entrusted with the task of diligently monitoring and providing necessary interventions to residents to maintain their health and address any concerns promptly. However, there are unfortunate instances when deviations from these fundamental standards occur, potentially compromising the health and safety of residents and raising concerns about the nurse’s competence and adherence to established protocols. In situations where nurses face allegations or legal concerns related to lapses in resident care, failure to follow medical orders, and inadequate documentation, a nurse attorney can provide essential support and guidance. A nurse attorney can advocate for the nurse’s rights throughout the investigation, ensuring the nurse is treated fairly and effectively represented.
At the time of the incident, he was employed as an LVN at a rehabilitation facility in Pharr, Texas, and had been in that position for two (2) months.
On or about December 11, 2021, through December 12, 2021, while employed as an LVN at a rehabilitation facility in Pharr, Texas, LVN was accused of the following:
- LVN failed to ensure that the resident received continuous oxygen, as ordered. LVN’s conduct was likely to injure the resident in that failure to follow physician orders could have resulted in non-efficacious treatment.
- LVN failed to adequately assess the resident and appropriately intervene when the resident’s family notified him that the resident was in respiratory distress with an empty tank of oxygen. In addition, LVN failed to document his assessment of the resident. Subsequently, on or about December 12, 2021, the resident was pronounced dead at 02:10. LVN’s conduct may have contributed to the resident’s demise.
In response, LVN states that the resident was admitted on the previous shift and was to be admitted to hospice. LVN states that he did not receive in report that the resident was to be on oxygen. LVN states that he was informed that a hospice nurse was coming to the facility to write orders. LVN states that he was amidst a heavy medication pass when, at approximately 8:00 pm, the hospice nurse said she finished orders for the resident’s admission. LVN states that it was not reported that the resident was to be on oxygen. LVN states that between 9:00 pm and 10:00 pm, a family member was in the room with the resident and informed the staff of the resident’s oxygen. LVN states that the resident was alert with non-labored respirations. LVN states oxygen was applied to the resident and the family member left the facility. LVN states that at approximately 1:30 a.m., a change in the resident’s condition was noted and hospice was called. LVN states that if hospice admission orders are reviewed, it would state that oxygen could be provided as needed for comfort measures and not scheduled.
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)(M)&(2)(A) and 22 TEX. ADMIN. CODE §217.12 (1)(B)&(4).
A case was ultimately filed against him before the Texas Board of Nursing (BON). The said allegation was fatal to the LVN’s capability to perform the essential functions and duties. Sad to say, the nursing defense attorney who handled his case was not able to properly defend his interests and rights before the Board. The Texas Board of Nursing (BON) found him guilty of the offense alleged in the complaint and decided to place his LVN license under disciplinary action.
If you also received a letter from the Texas Board of Nursing regarding a case or complaint filed against you, you should hire a nurse attorney immediately before it’s too late. Texas Nurse Attorney Yong J. An is one of those dedicated nurse attorneys who helped represent more than 500 nurse cases for the past 17 years. You may contact him 24/7 at (832) 428-5679 for more information or if you want to schedule a private consultation.