An RN or LVN who violates the state laws and issues from the Texas Board of Nursing (BON) should seek proper help from a nurse attorney. Doing so could make or break their cases. As a matter of fact, the license can even be suspended or revoked if not defended properly by a skilled nurse attorney.
At the time of the incident, LVN was employed at a medical facility in The Woodlands, Texas, and had been in that position for four (4) years and ten (10) months.
On or about August 15, 2020, while employed at a medical facility in The Woodlands, Texas, LVN failed to notify the physician/surgeon regarding the Jackson Pratt (JP) drain of a patient, which had lost suction, and instead removed the drain without obtaining an order to do so. LVN’s conduct exposed the patient to a risk of harm from lack of ordered surgical site drainage and the risk of impaired healing.
In response, LVN states that on the day in question, the patient’s nurse approached him and asked for help because the JP drain was not working properly. LVN states that he is confident that pulling it out was the right thing to do, though he realizes that since it was not an emergency, that he should have obtained an order prior to removal. LVN states that he tried to troubleshoot the problem first, as would be expected by the physician prior to calling about it, by milking the tubing and flushing the drain. LVN states that he inspected the insertion site and saw that the drain was almost out; The sutures in the patient’s skin were intact, though the sutures at the top of the drain were loose enough to allow movement of the drain tubing in or out of the insertion site. LVN states that he removed the loose sutures and withdrew the 1/2 to 1 inch of drain left in the wound. LVN adds that because of the movement of the tubing and lack of draining, that leaving the drain as it was exposed the patient to risk of infection. LVN states that when he called the physician later, he told him the drain was no longer in place, and was therefore removed. LVN states that the physician said that it likely came out with dressing changes; LVN mentioned that it could have been dislodged due to therapy or turning the patient as well.
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)&(1)(P) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B)&(4).
The Texas Board of Nursing then subjected the LVN’s license to disciplinary action. The accusation would have been defended by an experienced and skilled nurse attorney, had the LVN hired one. Hiring a nurse attorney for defense is applicable for any kind of accusation laid against an RN or LVN.
Always remember that anyone can file a complaint against an RN/LVN with the state board for any reason. When this happens, all complaints need to be taken seriously no matter how trivial or unfounded they may appear. A nurse attorney is someone who can help you defend your license when the state board summons you. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas RN 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.