The fidelity of patient care documentation is fundamental to maintaining the trust and integrity of the nursing profession. In situations where nurses find themselves facing allegations of falsifying documentation, the guidance and advocacy of a nurse attorney become invaluable. For the LVN involved in this case, seeking the assistance of a nurse attorney is crucial for navigating the legal complexities surrounding such allegations. A nurse attorney possesses specialized knowledge in healthcare laws, regulations, and professional standards, enabling them to provide informed counsel tailored to the specific circumstances of the case.
At the time of the incident, she was employed as an LVN at a healthcare facility in Abilene, Texas, and had been in that position for four (4) years and eleven (11) months.
On or about July 15, 2020, and July 16, 2020, while employed as an LVN at a healthcare facility in Abilene, Texas, and while assigned to provide nursing care to a patient, LVN completed and submitted nursing visit notes for visits she did not actually make in person. LVN’s conduct created an inaccurate medical record and could have injured the patient in that subsequent care givers would not have accurate information to base their future care decisions.
In response, LVN states that this incident occurred early in the global COVID-19 pandemic, when sheltering-in was in its early stages and health care providers were trying to decide how best to deliver care to patients under unique situations. LVN states the patient’s mother told LVN not to come to the home for her own safety, after the patient’s mother tested positive for COVID19. LVN states that both LVN and the patient’s mother agreed that the best course of action would be a type of telemedicine. LVN states that she frequently was on FaceTime with the patient’s mother throughout the shift and was observing and speaking with both patient and the patient’s mother when assessments and interventions were made and documented.
The above action constitutes 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)(D) and 22 TEX. ADMIN. CODE §217.12(1)(A), (1)(B)&(1)(C).
Unfortunately, the Texas Board of Nursing found her guilty of her deeds. Her LVN license was subjected to disciplinary action. She did not hire a skilled Texas BON attorney to fully defend her case which led to this decision by the Texas Board of Nursing.
Make sure that you will not make the same mistake as the LVN mentioned above in her case before the Texas Board of Nursing (BON). Contact a Texas nurse attorney today who can provide you with a confidential consultation and evaluate your case and counsel you on the best steps to take. Texas Nurse Attorney Yong J. An is an experienced nurse attorney for various licensing cases for 17 years and represented over 500 nurses before the Texas BON. Contact Mr. An by calling or texting him 24/7 directly at (832) 428-5679.