Ensuring the accurate and timely implementation of medical orders is a critical responsibility for healthcare providers, particularly when dealing with patients who require urgent or specialized care. Failing to execute a verbal order can have serious consequences for the patient’s well-being and raise questions about the nurse’s commitment to following established protocols. Such lapses in following medical orders may prompt inquiries into the nurse’s adherence to professional standards and their capacity to deliver appropriate patient care. When confronted with allegations related to the implementation of medical orders, seeking the assistance of a nurse attorney can prove invaluable in navigating the legal intricacies, safeguarding the nurse’s rights, and advocating for a fair and thorough evaluation of the situation.
At the time of the initial incident, she was employed as an LVN at a healthcare facility in Pharr, Texas, and had been in that position for three (3) months.
On or about January 5, 2021, while employed as an LVN at a healthcare facility in Pharr, Texas, LVN failed to implement a verbal order for supplemental oxygen for a patient, who was diagnosed with COVID-19. The patient did not receive supplemental oxygen. LVN’s conduct exposed the patient to risk of harm from possibly inadequate oxygen levels.
In response, LVN states that the nurse practitioner approached LVN near the end of her shift and requested that the patient be placed on supplemental oxygen, because the patient’s oxygen saturation was 91% and she did not want it to go lower. LVN states that she asked the nurse practitioner how much oxygen she wanted administered; the nurse practitioner then told LVN to wait until she entered the order into the computer which would tell her how much oxygen and by what method. LVN states that the oncoming shift nurse came to get a report, and LVN told her explicitly about the nurse practitioner’s request for supplemental oxygen. LVN then handed off care to the nurse and went to another unit to continue her assignment. LVN states that she came back around 1430 briefly and in an attempt to be helpful, asked the nurse regarding follow up on some diabetic patients, and asked her specifically about whether or not the nurse practitioner had entered oxygen orders for the patient. LVN states that the nurse answered in the affirmative, and she had no reason to believe at this time that the nurse had not followed through on the orders. LVN states that she returned the next day to work around 0915, and was not assigned to care for this patient. The nurse practitioner from the prior day arrived and went to check on the patient; LVN states that she saw the nurse practitioner leaving the patient’s room screaming and yelling that the patient was dying, and that she had told them to put the patient on oxygen. LVN states that in a reflexive defensive reaction, though she had done nothing wrong, she blurted out that she had not been able to locate the oxygen from the previous shift. LVN states that the assigned nurse retrieved oxygen for the patient while LVN called the patient’s family and then called 911.
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)(M) and 22 TEX. ADMIN. CODE §217.12(1)(A), (1)(B)&(4).
However, without enough evidence to prove she’s not guilty, the LVN lost the case. This is the reason why the Texas Board of Nursing placed her LVN license under disciplinary action.
Do not be stressed or anxious if you find yourself in a similar situation as that of the LVN mentioned above. All you need to do is to find the right RN/LVN license attorney who can help you in the case. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas RN/LVN license attorney. Texas Nurse Attorney Yong J. An is an experienced nurse attorney for various licensing cases for the past 16 years and represented over 300 nurses before the Texas BON. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-5679.