False documentation is a serious case, which is why a nurse attorney is needed if you get accused of this kind of scenario. However, there are some nurses who thought they were guilty of the charges but failed to hire a nurse attorney just because they thought it’s doom for their license already. However, that is not entirely the case as there is still hope.
At the time of the initial incident, he was employed as an LVN at a hospital in Mission, Texas and had been in that position for (10) ten months.
On or about May 8, 2020, while employed as an LVN at a hospital in Mission, Texas, LVN withdrew Ambien 6mg for Patient LH, but instead of administering the Ambien, a round shaped tablet, to the patient, LVN administered an oval shaped tablet. When the patient asked about the difference in shape, LVN falsely informed the patient that the manufacturer changed. LVN failed to document that Ambien was administered or wasted, and thus left the Ambien unaccounted for, either misappropriating the medication or failing to take precautions to prevent such misappropriation.
Furthermore, on June 10, 2020, when the patient requested Ambien and informed LVN that he did not want the same oval shaped tablet as the night prior, LVN falsely informed the patient that all of the Ambien tablets in the Pyxis machine were oval. LVN brought an opened package to the patient containing an oval shaped tablet that did not fit in the package and was labeled with the number L612 to the patient. The patient took the oval-shaped tablet, then looked up the number L612 online and identified the tablet she took as Claritin, for which she did not have a physician’s order. Subsequently, the patient experienced feeling jittery and anxious as the patient had a history of allergic reaction to antihistamines. It was later discovered that LVN falsely documented that he administered Ambien instead of Claritin.
LVN’s conduct created an inaccurate medical record and was likely to injure the patient in that subsequent care givers would rely on his documentation to further medicate the patient. Further, LVN’s conduct was likely to injure the patient in that failure to administer Ambien as ordered by the physician could have resulted in non-efficacious treatment. In addition, LVN’s conduct was likely to deceive the hospital pharmacy and place them in violation of Chapter 481 of the Texas Health and Safety Code (Controlled Substances Act) and defraud the facility and the patient of the cost of the medication. Further, LVN’s conduct was deceptive.
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) and 22 TEX. ADMIN. CODE §217.12 (1)(A),(1)(B),(4),(6)(A),(6)(G),(6)(H),(8),(10)(A),(10)(C),(10)(E) & (11)(B).
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 Nursing Law Attorney, had the LVN hired one. Hiring a Texas Nursing Law 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 Attorney, Yong J. An. He is an experienced nurse attorney who represented more than 300 nurse cases for RNs and LVNs for the past 16 years. You can call him at (832) 428-5679 to get started or to inquire for more information regarding nursing license case defenses.