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

An LVN in Braunfels is a perfect example of this. At the time of the incident, LVN was employed by a health care agency, and working as a Contract Charge Nurse with a health care services facility in New Braunfels, Texas, and had been in that position for less than one (1) month.

On or about March 29, 2017, while employed by a health care agency, and working as a Contract Charge Nurse with a health care services facility in New Braunfels, Texas, LVN did the following:

  1. initially assessed a resident, who was found lying on the floor of the dining room at 5 pm, with a bruise to the right cheek and swelling above her right eye. LVN called the physician but failed to recognize a change in status and failed to continue to assess and ensure that vital signs and neurological assessments were obtained after the resident had episodes of vomiting. LVN’s conduct was likely to injure the resident in that significant changes in the resident’s status may have gone undetected and prevented timely interventions


  1. failed to completely and accurately document the status of a resident after she experienced an unwitnessed fall. The resident declined dinner, vomited, and vomited again several times. LVN’s conduct resulted in an incomplete medical record and was likely to injure the resident from subsequent care decisions made without the benefit of reliable information.


  1. failed to call 911 Emergency Medical Services (EMS) after obtaining a physician order to send the resident to the hospital after an unwitnessed fall with vomiting episodes, and instead called for non-emergent ambulance transport. The non-emergent ambulance arrived at the facility about one (1) hour after LVN called them and transported the resident to the hospital. Despite treatment, the resident died from a subdural hematoma, and multiple facial fractures three (3) hours and twenty (20) minutes later. LVN’s conduct resulted in an unnecessary delay in care and was likely to injure the resident from delayed medical treatment and timely interventions.


In response, LVN states that the resident was found in a half-sitting/laying position on the floor at 5:30 pm, and she started neuro checks immediately. LVN indicates that due to the resident’s initial facial bruising, she called an ambulance service ahead of time. LVN relates that she had the Certified Nursing Assistants (CNAs) doing vitals and neuro checks while she called the physician’s service. LVN explains that the resident didn’t want to eat so was taken to bed with her head elevated; she was responsive, and her vitals were normal. LVN adds that the resident then vomited. LVN states that the provider called and gave an order to send the resident to the hospital. LVN indicates that the resident had some swelling to the bruised area of her face, was responsive, was talking, and had stable vitals. LVN relates that the resident vomited again, and she called the ambulance to ensure that they were on their way LVN explains that the resident’s injury to her face had increased in swelling, and she had vomited again. LVN adds that the ambulance arrived within fifteen (15) minutes from the second call. LVN states that the resident’s vitals continued to be stable, LVN states that 911 EMS wasn’t called because the resident’s vital signs were stable, she was responsive, was talking, and never lost consciousness

The above actions constitute grounds for disciplinary action in accordance with Section 301.452(b)(10)&(13), Texas Occupations Code, and are a violation of 22 TEX. ADMIN. CODE §217.11(1)(A),(1)(B),(1)(D),(1)(M)&(2)(A) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B)&(4).

Unfortunately, she failed to properly defend her case against the Texas BON. She was disciplined and her LVN license was put on disciplinary action by the Texas Board of Nursing.

For more details and to schedule a confidential consultation, you must approach one of the most experienced nurse attorneys in Texas, Nurse Attorney Yong J. An. He is an experienced nurse attorney for various licensing cases for 16 years and represented over 200 nurse BON license cases before the Texas BON. You may contact him by dialing (832)-428-5679 if you wish to learn more information should you undergo accusations or any other case that may affect your license.