There are different cases that are filed every single day before the Texas Board of Nursing (BON). In these cases, the assistance of a nurse attorney is necessary in order to ensure that the rights of the nurse involved are protected. At the same time, the nurse attorney can also help in rebutting all the allegations of the complainant. Sad to say, many nurses fail to see the significant role of the nursing defense attorney in the hearing of their cases. As a result, they end up waiving the right to be represented by counsel.
This is exactly what happened in the administrative complaint involving an LVN in Austin. At the time of the incident, she was employed as an LVN at a hospital in Austin, Texas, and had been in that position for three (3) weeks.
On or about May 8, 2020, while employed as an LVN at a hospital in Austin, Texas, LVN incorrectly crushed and diluted oxycodone, an oral pain medication, and administered it intravenously to a patient. The pain medication was ordered to be given by mouth. Additionally, LVN failed to document the medication administration in the patient’s electronic medical record. LVN’s conduct could have contributed to patient injury from adverse effects of intravenous administration of medication that was not properly formulated for safe intravenous use, including possible phlebitis, ischemia, embolism, or sepsis
In response, LVN states that when this event occurred, she was a newly graduated nurse, still in her residency, and she experienced a non-supportive, bullying environment from the onset of her residency. LVN states that she takes accountability and responsibility for her actions. At the end of her shift, LVN’s preceptor directed her to go to the patient’s room and administer oxycodone, which was the first time this medication had been given on her shift. LVN states that to prepare the medication, she initially crushed it in the medication room and carried it to the patient’s room in the small pill crusher bag. LVN states that she turned on the water faucet and collected water into a small cup. LVN reports that she then drew up tap water and mixed in the crushed medication. LVN states she then went to the patient’s bedside to administer the medication. LVN states that she then lifted the patient’s gown to access the gastric tube, but there was no gastric tube as she had anticipated. LVN states that in hindsight, this is where he should have stopped and went and found his preceptor. LVN states that the patient did have a nasogastric tube that was attached to suction. LVN states that she was tired, confused, and uneasy. LVN states that due to his inexperience as a new nurse, she screwed the syringe onto the intravenous line and began administering the medication. LVN states she monitored the patient as the medication was slowly infusing and about halfway through, she met resistance. LVN states that five (5) skin team nurses entered the room and as they did, she mentioned she was having trouble administering the medication. LVN states that one of them came and tried to help her with the administration, and then another asked what she was administering. LVN states that she informed the team she was administering oxycodone, and that was when she and everyone else in the room had realized what she had done.
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)(B),(1)(C),(1)(D),(1)(G),(1)(H)&(3)(A).
The Texas Board of Nursing gave the LVN enough time to defend the complaints filed against her. However, there was a failure on the LVN’s part to find the right RN/LVN license attorney to handle her 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.