The responsibility of safeguarding patient well-being and preserving the confidentiality of their health information is fundamental to nursing ethics. In instances where nurses find themselves entangled in allegations of medication errors and breaches of patient confidentiality, seeking the counsel of a nurse attorney becomes essential. A nurse attorney possesses a profound understanding of both nursing practice and the legal intricacies surrounding patient care. For the LVN facing these allegations, a nurse attorney can provide invaluable guidance in navigating the legal complexities, investigating the incident thoroughly, and formulating a robust defense strategy.
At the time of the initial incident, he was employed as an LVN at a skilled nursing facility in Amarillo, Texas, and had been in that position for four (4) months.
On or about July 19, 2021, while employed as an LVN at a skilled nursing facility in Amarillo, Texas, LVN was accused of the following:
- LVN administered another patient’s narcotic to a patient that it was not prescribed to. LVN’s conduct was likely to injure the patient, in that the administration of medications without a valid physician’s order could result in the patient suffering from adverse reactions, and LVN’s conduct placed the hospital in violation of Chapter 481 (Controlled Substances Act).
- LVN disclosed confidential health information concerning a patient to an unauthorized individual, specifically another patient at the facility. LVN’s conduct exposed the patient unnecessarily to risk of harm from use, accessing or disclosure of their confidential medical information without their written authorization and placed the facility in violation of HIPAA (The Health Insurance Portability and Accountability Act).
In response, LVN states he had a patient that was in severe pain, scoring “10” on a Wong-Baker Pain Score. He states the patient was crying loudly, in tears, screaming, weeping with facial grimace, both fists clenched, etc. He states he called the physician late at night to let her know that the pharmacy has not yet received the triplicate signed and to send it immediately to the pharmacy. He states the physician replied stating she will do it later during business hours in the morning. LVN states knowingly, under electronic monitoring, audio video recording, with a Certified Medication Aide (CMA) as a witness, he begged a patient across the room to share their pain medication, explaining his patient’s circumstances. LVN states the other patient felt pity and compassion and shared their pain medication with his patient. LVN states he immediately notified his Unit Manager via text.
The above action constitutes grounds for disciplinary action in accordance with Section 301.452(b)(1),(10)&(13) Texas Occupations Code, and is a violation of 22 TEX ADMIN. CODE §217.11(1)(A),(1)(C)&(1)(E) and 22 TEX. ADMIN. CODE §217.12 (1)(A),(1)(B),(1)(C),(4),(6)(D)&(11)(B).
However, without seeking advice from an experienced nurse attorney and without enough evidence to prove he’s not guilty, the LVN lost the case. This is the reason why the Texas Board of Nursing placed his LVN license under disciplinary action.
If you ever undergo cases such as this, it’s best to seek the assistance of a good nurse attorney as it could make the case better in your favor. Be sure to find a nurse attorney who is experienced and knowledgeable in several nurse cases to ensure the best assistance possible. Texas Nurse Attorney Yong J. An is willing to assist every nurse in need of immediate help for nurse licensing cases. He is an experienced nurse attorney for various licensing cases for the past 17 years and represented over 500 nurses before the Texas BON. To contact him, please dial (832) 428-5679 for a confidential consultation or for more inquiries.