A missed documentation and failure to administer medicine in a timely manner are some of the typical errors or mistakes committed by any nurse. These mistakes may become grounds for the nursing malpractice, and if being accused, you need the right and skilled nurse attorney to help you with the case.
At the time of the incident, he was employed as an LVN at a hospital in Odessa, Texas, and had been in that position for approximately three (3) months.
On or about September 4, 2019, September 10, 2019, and September 13, 2019, while employed as an LVN at a hospital in Odessa, Texas, LVN was accused of the following:
- LVN withdrew one (1) tab of Tramadol 50mg, one (1) tab of Oxycodone 5mg, two (2) tabs of Alprazolam, two (2) tabs of Hydrocodone/APAP 5/325mg, and two (2) tabs of Morphine IR 15mg from the medication dispensing system for patients but failed to document and/or accurately and completely document the administration of the medication in the patients’ Medication Administration Record (MAR). LVN’s conduct was likely to injure the patients, in that subsequent care givers would rely on his documentation to further medicate the patients, which could result in an overdose. Additionally, LVN’s conduct placed the hospital in violation of Chapter 481 (Controlled Substances Act) of the Texas Health and Safety Code.
- LVN withdrew one (1) tab of Oxycodone 5mg, two (2) tabs of Alprazolam, and two (2) tabs of Hydrocodone/APAP 5/325mg from the medication dispensing system for patients but failed to follow the facility’s policy and procedure for wastage of the unused portions of the medications. LVN’s conduct left medications unaccounted for, was likely to deceive the hospital pharmacy, and placed the pharmacy in violation of Chapter 481 (Controlled Substances Act) of the Texas Health and Safety Code.
In response, LVN states he started working at the hospital without any orientation or formal training. LVN states he thought the Pyxis system was the documentation record for the administration of medication. LVN states that when someone would ask for a pain pill, he would go into the system for them, pull the medication, and give it to them. LVN states he would verbally give the time of administration during his report, and he followed the instructions given to him by two RNs he worked with. LVN admits punching in the wrong count number for stock medications but states that medications were accounted for.
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)(C),(1)(D)&(2) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(4),(10)(C)&(11)(B).
However, 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.
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 RN/LVN license 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 RN/LVN license attorney. Texas Nurse Attorney Yong J. An is an experienced nurse attorney for various licensing cases for the past 16 years and represented over 300 nurses before the Texas BON. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-5679.
