LVN was Alleged of Failure to Address Pain and Catheter Leakage

LVN was Alleged of Failure to Address Pain and Catheter Leakage

Patient care is the cornerstone of nursing practice, and any lapses in assessing and addressing patient concerns can have serious consequences. When nurses face allegations related to patient care lapses, a nurse attorney can be a valuable ally in navigating the legal complexities and ensuring fair representation. Nurse attorneys specialize in healthcare laws and regulations, and their expertise is crucial in evaluating incidents like the one described in the scenario below.

At the time of the initial incident, she was employed as an LVN at a healthcare and rehabilitation facility in Richardson, Texas, and had been in that position for three (3) months.

On or about June 15, 2021, through June 16, 2021, while employed as an LVN at a healthcare and rehabilitation facility in Richardson, Texas, LVN was accused of the following:

1. LVN failed to assess a patient after the patient complained of pain and urine leaking from his catheter site. LVN's conduct delayed the onset of medical care and interventions needed to prevent further complications.
2. LVN failed to implement measures to protect the patient, in that the oncoming nurse found the patient in pain, soaked in urine and with an empty Foley drainage bag. Furthermore, the oncoming nurse changed the patient's catheter and saw immediate results. LVN's conduct was likely to injure the resident in that failure to treat the patient as ordered by a physician could have resulted in non-efficacious treatment.

Without consulting with an experienced nurse attorney, LVN responded and stated that on her two previous rounds on the patient, there was no leaking from the foley catheter, it was patent, with leg strap in place and urine draining into the foley bag. LVN states at the end of her shift, she was busy with several different residents needing her attention. The patient called LVN and requested a Tylenol #3 for pain and was upset. LVN states she got the medication from the cart and went down to his room, and upon entering his room, he was on the phone via his tablet with his wife. LVN did not discuss any medical treatment or information because the resident was doing the talking, requesting her to check his foley area to check for leaking. LVN states she did not have gloves to do so, so she told the resident she would not do that at the time and that she would let him finish the phone call and gather further supplies to assess leaking of the foley. LVN states upon exiting the room, a CNA told her that his sheets were wet. LVN states she advised her she had just checked on him and was getting supplies to assess him. At this time, LVN states the oncoming nurse had just arrived and LVN told her what was going on with the patient and his foley catheter and that she was going to take care of his problem. The oncoming nurse stated she was familiar with the patient and the problem, and she would gather the supplies and go to his room. LVN admits that she did forget to document at that moment because it was so busy. She states she was going to go back to document after picking up her son but was called and told she was suspended due to resident complaint that she did not change his foley right when he wanted her to. She states she was unable to assess the resident because he was on the phone, and she did not have supplies to be able to do the assessment right at that moment.

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)(B),(1)(D),(1)(M)&(2) and 22 TEX. ADMIN. CODE §217.12 (1)(A),(1)(B),(1)(C)&(4).

The evidence against the LVN was strong. At the same time, without the help of a nurse attorney, she was not able to properly defend her case in court. As a result, her nursing license was placed under disciplinary action.

Avoid the similar thing from happening on your end. Make sure to find the right defense attorney in case a complaint will be filed against you before the Texas Board of Nursing (BON). For more details or for a confidential consultation regarding accusations, it’s best to contact an experienced Texas nurse attorney. Texas Nurse Attorney Yong J. An is an experienced nurse attorney who represented more than 500 nurse cases for RNs and LVNs for the past 17 years. You can call him at (832) 428-5679 to get started or to inquire for more information regarding nursing license case defenses.