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Maintaining patient safety and adhering to physician orders are fundamental principles in nursing practice, particularly when it comes to the administration of treatments and medications. However, there are regrettable instances when deviations from these standards occur, raising concerns about patient well-being and professional conduct. When nurses face allegations or legal concerns stemming from medication errors and treatment omissions, a nurse attorney can provide vital support. They play a critical role in thoroughly evaluating the situation, often involving a comprehensive review of medical records, witness statements, and a detailed examination of the circumstances surrounding the nurse’s conduct. Furthermore, nurse attorneys can advocate for the nurse’s rights throughout the investigation.

At the time of the initial incident, he was employed as an LVN with a pediatric home health service provider in El Paso, Texas, and had been in that position for two (2) years and six (6) months.

On or about May 3, 2021, through July 23, 2021, while employed as an LVN with a pediatric home health service provider in El Paso, Texas, and assigned to provide skilled nursing to a patient, LVN was accused of the following:

  1. LVN failed to administer tube feedings, oral feedings, and water administration, in amounts ordered by the physician. LVN’s conduct exposed the patient to a risk of harm in that failure to administer treatments as ordered by the physician could have resulted in non-efficacious treatment of the patient’s condition and placed the patient at a risk of malnutrition.
  2. LVN failed to administer and/or document the administration of medication in the patient’s Medication Administration Record. LVN’s conduct resulted in an incomplete medical record, and exposed the patient to a risk of harm in that failure to administer medications as ordered by the physician could have resulted in non-efficacious treatment of the patient’s condition.

In response to the above incidents, LVN states that system dynamics in the patient’s home may have contributed to any lapses in the provision of care to the patient, though any lapses would have been isolated and inadvertent.

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)(D),(1)(M),(1)(O)&(2)(A) and 22 TEX. ADMIN. CODE §217.12 (1)(A),(1)(B),(1)(C),(4)&(6)(A).

The Texas Board of Nursing then subjected the LVN and his license into disciplinary action. The accusation would have been defended by an experienced and skilled Texas Nurse Attorney, had the LVN hired one. Hiring a Texas Nurse Attorney for defense is applicable for any kind of accusation laid against an RN or LVN.

For more details and to schedule a confidential consultation, you must approach one of the most experienced Texas Nurse Attorneys, Yong J. An. He is an experienced nurse attorney who represented more than 500 nurse cases for RNs and LVNs for the past 17 years. You can call him at (832) 428-5679 to get started or to inquire for more information regarding nursing license case defenses.