Documentations have been a signature specialty of a nurse attorney when handling cases for some nurses. However, some nurses tend to forget this fact because they really felt like they should be responsible even if they never intended to commit such an error. Always seek for an experienced nurse attorney when facing accusations of incorrect documentation.
One such incident occurred to an LVN in 2020. At the time of the initial incident, he was employed as an LVN at a health care center in San Angelo, Texas, and had been in that position for one (1) year and two (2) months
On or about September 12, 2020, while employed as an LVN at a health care center in San Angelo, Texas, LVN created a medication count sheet for a resident and inaccurately documented that one hundred sixty (160) tablets of Tylenol #4 were remaining instead of ninety-eight (98). Additionally, LVN failed to verify the Tylenol #4 count with another nurse. LVN’s conduct created an inaccurate medical record and placed the facility in violation of Chapter 481 (Controlled Substances Act) of the Texas Health and Safety Code.
On or about September 29, 2020, while employed as an LVN at a health care center in San Angelo, Texas, LVN did the following:
- LVN failed to count narcotics with another nurse prior to leaving the facility. Instead, LVN left the narcotic keys in the office drawer. LVN’s conduct left narcotics unsecured and unaccounted for and placed the facility in violation of Chapter 481 (Controlled Substances Act) of the Texas Health and Safety Code.
- LVN misappropriated, or failed to take precautions to prevent the misappropriation of, one hundred sixty (160) tablets of Tylenol #4 belonging to residents A and B. The Tylenol #4 tablets were brought to RN for disposal, and it was subsequently discovered that the Tylenol #4 tablets were replaced with regular strength Tylenol. LVN’s conduct unnecessarily exposed the residents and facility staff to a risk of harm from potential drug diversion.
In response, LVN states that on September 12, 2020, he went through the narcotics to put them on the log for disposal. LVN states he remembers coming across a resident A’s medication and not being able to find the count sheet. LVN states he counted the pills in the bottle and there were 160, which was the quantity written on the bottle. LVN states that since the count was right, he made a count sheet. LVN adds that he did not notice anything unusual or different about the medications. LVN further states that the day he received resident B’s medication, there was no count sheet because it was medication she brought from home and there were no orders to continue it. LVN states he counted those pills and made a count sheet for it. LVN states there was nothing unusual or different about those medications either. On September 29, 2019, LVN states he was exhausted and burnt out, so he made the decision to clean out her things (two days before his last day) and left his keys in the ADON’s drawer. LVN asserts that he did not take any medications, nor did he put a different medication in the bottle. LVN adds that the narcotics were ultimately his responsibility to be disposed of.
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)(D) and 22 TEX. ADMIN. CODE §217.12(1)(A), (1)(B),(1)(C),(4),(6)(G),(6)(H),(10)(B)&(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 Nursing Law 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.