In the realm of healthcare, accurate documentation is not only a professional responsibility but also a crucial element in ensuring patient safety and well-being. When nurses face accusations related to falsification of documentation, seeking guidance from a nurse attorney becomes imperative. A nurse attorney plays a pivotal role in understanding the legal implications of such allegations and devising a strategic defense for the nurse involved. Beyond legal representation, a nurse attorney acts as a valuable resource for nurses navigating the complexities of disciplinary processes.
At the time of the initial incident, she was employed as an LVN at a senior living facility in Dallas, Texas, and had been in that position for approximately four (4) months.
On or about August 4, 2021, while employed as an LVN at a senior living facility in Dallas, Texas, and assigned to provide nursing care for a patient, LVN falsely documented a nursing note with an assessment for a home visit and signed for the patient at a different address from the patient’s. LVN’s conduct was likely to deceive other caregivers who needed complete information on which to base their care and created an inaccurate medical record.
In response, LVN admits she did not actually see the patient on that date. LVN states she spoke with her DON several times daily and it was insinuated that she could not have any more “missed visits” or there would be consequences. On the day in question, LVN states she called the patient on the way to his home, and he advised her he did not want a visit that day. According to LVN, when she tried to reschedule or change the time, the patient refused. LVN states she was so worried about having another missed visit and being in trouble that she took the patient’s vital signs that he gave her and documented them. Regarding her signing for the patient at a different address, LVN states she was around the corner because her tablet never worked at his home and the signal was bad there. LVN fully understands it was wrong and knows better. LVN states she is a good nurse but made a mistake that will not happen again.
The above action constitutes 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)(D) and 22 TEX. ADMIN. CODE §217.12(1)(B), (6)(A) &(6)(H).
A case was ultimately filed against her before the Texas Board of Nursing (BON). The said allegation was fatal to the LVN’s capability to perform the essential functions and duties. Sad to say, the nursing defense attorney who handled her case was not able to properly defend her interests and rights before the Board. The Texas Board of Nursing (BON) found her guilty of the offense alleged in the complaint and decided to place her LVN license under disciplinary action.
If you also received a letter from the Texas Board of Nursing regarding a case or complaint filed against you, you should hire a nurse attorney immediately before it’s too late. Texas Nurse Attorney Yong J. An is one of those dedicated nurse attorneys who helped represent more than 500 nurse cases for the past 17 years. You may contact him 24/7 at (832) 428-5679 for more information or if you want to schedule a private consultation.