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The outcome of the patient’s health will be based on the nurse’s efforts and proper care. However, if an LVN conducts improper care which can harm the patient, he or she may face complaints or allegation cases. An LVN should come prepared before appearing or facing the Board. A nurse attorney can be your best defense against any circumstances.

At the time of the initial incident, he was employed as an LVN at a hospital in Victoria, Texas, and had been in that position for four (4) months.

On or about October 25, 2020, while employed as an LVN at a hospital in Victoria, Texas, LVN failed to obtain and/or clarify a diet order for a resident, a patient with a recent hospitalization for possible aspiration pneumonia, when he was discharged from a nursing home and returned to the facility with incomplete diet orders/instructions. Furthermore, on or about May 8, 2020 through August 25, 2020, LVN failed to notify the physician when the above-mentioned resident had an itchy rash on his abdomen, chest, arms, and face.

In response, LVN states the section for Suggested Diet was left blank on the discharge instructions from the nursing home, so he followed the previous hospitalization discharge instructions which stated resume pre hospitalization diet. LVN states the patient was on a chopped diet prior to the hospitalization and subsequent nursing home admission. LVN further states that the patient was evaluated by physicians after his return to the facility who did not change his diet orders, and he underwent a diagnostic barium swallow test that confirmed he had normal esophageal motility. LVN further states he treated the patient’s intermittent rash with 32 mg of Benadryl, which resolved the issue within two hours, and directed staff to monitor and report if rash recurred. It was later determined the rash was due to a change in the patient’s laundry detergent. Later, LVN’s mentor advised him to report any intermittent or reoccurring problems to the physician — even if resolved with over-the-counter medication.

The above actions constitute grounds for disciplinary action in accordance with Section 301.452(b)(13), Texas Occupations Code, and is a violation of 22 TEX. ADMIN. CODE §217.11(1)(A),(1)(M),(1)(N)&(1)(P).

The Texas Board of Nursing gave the LVN enough time to defend the complaints filed against him. However, there was a failure on the LVN’s part to find the right RN/LVN license attorney to handle his case. The negligence of the RN/LVN license attorney led to the decision of the Texas BON to place the LVN’s license under disciplinary action.

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 one of those dedicated nurse attorneys who helped represent more than 300 nurse cases for the past 16 years. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-5679 for a confidential consultation regarding any accusations from the Texas BON.