Accusations are stressful issues for an RN or LVN, except when a nurse attorney assists you against the case. The Texas Board of Nurses is responsible for all hearings against RNs and LVNs undergoing a case that may revoke suspend or only discipline their license. Take note that nurse attorneys can also defend a nurse’s license against accusations.

The incident occurred on or about December 19, 2015, when the LVN failed to initiate cardiopulmonary resuscitation (CPR) after she found out that a patient was unresponsive with no respiration or pulse, and a yellow cast to his skin tone, and instead, went to check his code status. Subsequently, the patient was found to be a full code, and CPR was initiated by other nursing staff.

Additionally, the LVN returned to assist in CPR, performed compressions for the aforementioned resident, but failed to use the Automated External Defibrillator or AED. Emergency Medical Services arrived and placed the resident on a cardiac monitor, continued resuscitation efforts, and transported the resident to the hospital, but further resuscitation efforts were unsuccessful, and. he was pronounced dead.

The LVN’s conduct resulted in an unnecessary delay in care and was likely to injure the resident, including possible demise from lack of timely interventions and appropriate nursing care.

The LVN was summoned before the Board to defend against the case. As a defense to the accusations filed against her, the LVN states that she was asked by another nurse to check on the resident patient.  She indicates that on approach, he had a yellow cast to his skin, his lips were cyanotic, eyes were open with pupils fixed and dilated, there was no carotid pulse, and he was unresponsive with no respirations. She relates that she left the room to check on his code status, and found that he was a full code.

The LVN explains that the Code Team was quickly assembled with all Charge Nurses and the Assistant Director of Nursing (ADON) went to his room with the crash cart, and CPR was initiated while a nurse left the room to call 911. She states that she assisted the code by placing the backboard under the resident and then noticed blood pooling to his posterior thighs.

The LVN further relates that compressions were started by his nurse, and rescue breathing was done with the Ambu bag by the ADON. She indicates that both nurses were relieved after three (3) full cycles with herself doing compressions, and another nurse doing rescue breathing.

She explains that CPR continued until the paramedics arrived, and took over.  The LVN adds that she should have stopped the Code when she noted blood pooling to his posterior thighs. She states that she has been re-educated on Code ‘Blue by taking a CPR class, participated in several practice drills, and multiple mock codes during the in-service,  as well as being formally counseled.

The Texas Board of Nursing then subjected the LVN and her license into disciplinary action. The accusation would have been defended by an experienced and skilled nurse attorney, had the LVN hired one. Hiring a nurse 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 nurse attorneys in Texas, Yong J. An. He has assisted numerous nursing license cases since 2006. You may contact him by dialing (832)-428-5679 if you wish to learn more information should you undergo accusations or any other case that may affect your license.