Overdose can be accidental or intentional. An overdose occurs when a person or a patient takes more than the medically prescribed dose. In nursing care, it is the duty of the assigned nurse to see to it that the administered medication correctly coincides with the physician’s order of dosage. If an RN/LVN neglected such duty or made a mistake during his/her shift, a patient’s life will be at risk. However, if an RN/LVN is accused and being summoned by the Board, a nurse attorney will be such a great help on the case.

At the time of the incident, she was employed as an LVN at rehabilitation and skilled nursing facility in San Angelo, Texas, and had been in that position for six (6) years and four (4) months.

On or about May 1, 2020, through May 2, 2020, while employed as an LVN at rehabilitation and skilled nursing facility in San Angelo, Texas, LVN administered an incorrect dose of morphine sulfate liquid to a resident, a hospice patient with a history of lung disease, on two separate occasions. Specifically, LVN administered 2.5 ml (50 mg) of morphine sulfate to the resident instead of 0.25 ml (5 mg) of morphine sulfate, as ordered, at approximately 15:00 on May 1, 2020, and at approximately 08:20 on May 2, 2020. Subsequently, the resident passed away on May 2, 2020, at approximately 13:55. LVN’s conduct was likely to injure the patient in that failure to administer medication as ordered could have resulted in non-efficacious treatment and may have contributed to the resident’s demise.

In response, LVN states that the resident’s family member reported that the resident wanted something for nausea and wanted to go ahead and take morphine. LVN states that she then drew the dose up and administered it to the resident as ordered. LVN states she monitored the patient throughout the day and the resident was noted to be less irritable and calm. LVN states that at the start of her shift on May 2, 2020, the resident was noted to be confused and irritable. LVN states that she administered Ativan at approximately 07:20, continued to monitor the patient and noted that the resident continued to seem very anxious and irritable. LVN states that she then went to the med cart and drew up the dose of morphine and administered it to the resident as ordered. LVN states that the resident seemed relaxed and less irritable after administration as she continued to sit in her wheelchair for some time and then was assisted back to bed by staff with no signs or symptoms of distress. LVN states that the resident passed away at approximately 13:15. She notified the family and hospice organization. LVN states she gave the narcotics to the Director of Nursing for destruction and was notified that the count was off. LVN states that she then noted she gave 2.5 mg of morphine in the morning instead of the ordered 0.25 mg.

The above actions constitute grounds for disciplinary action in accordance with Section 301.452(b)(10)&(13), Texas Occupations Code, and are a violation of 22 TEX. ADMIN. CODE §217.11(1)(A),(1)(B)&(1)(C) and 22 TEX. ADMIN. CODE §217.12(1)(B)&(4).

However, without enough evidence to prove she’s not guilty, the LVN lost the case. This is the reason why the Texas Board of Nursing placed her LVN license under disciplinary action.

Do not be stressed or anxious if you find yourself in a similar situation as that of the LVN mentioned above. All you need to do is to find the right nurse attorney who can help you in the case. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas nurse attorney. Texas Nurse Attorney Yong J. An is an experienced nurse attorney for various licensing cases for the past 16 years and represented over 200 nurses before the Texas BON. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-4579.

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