by | Feb 26, 2022

Allegations and complaints while at work are serious cases, which is why a nurse attorney is needed if you get accused of this kind of scenario. However, some who thought they were guilty of the charges failed to hire the right nurse attorney just because they thought it’s the doom for their RN or LVN license already. But that is not entirely the case as there is still hope.

At the time of the initial incident, she was employed as an LVN with a pediatric home healthcare provider in Sugar Land, Texas, and had been in that position for five (5) months.

While employed as an LVN with a pediatric home healthcare provider in Sugar Land, Texas, on or about December 16, 2019, and on duty in the home of Patient A, and on or about July 15, 2020, and on duty in the home of Patient B, LVN lacked the fitness to practice vocational nursing in that she was observed sleeping. LVN’s condition could have affected her ability to recognize subtle signs, symptoms, or changes in the patients’ condition, and could have affected her ability to make rational, accurate, and appropriate assessments, judgments, and decisions regarding patient care, thereby placing the patient in potential danger.

In response to the above incidents, LVN denies the allegation involving Patient A and admits to “staying seated and appearing tired.” LVN states the cameras at the patient’s home showed movement from her. LVN states she was advised that rather than staying seated and seeming tired, it was preferred she walk around instead. LVN denies the allegation involving Patient B and states she saw the patient’s family member come down the stairs.

The above actions constitute grounds for disciplinary action in accordance with Section 301.452(b)(10)&(12), Texas Occupations Code, and a violation of 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(1)(E),(4)&(5).

Unfortunately, the Texas Board of Nursing found her guilty of her deeds. Her LVN license was subjected to disciplinary action. She did not hire a skilled Texas BON attorney to fully defend her case which led to this decision by the Texas Board of Nursing.

Make sure that you will not make the same mistake as the LVN mentioned above in her case before the Texas Board of Nursing (BON). Contact a Texas nurse attorney today who can provide you with a confidential consultation and evaluate your case and counsel you on the best steps to take. Nurse Attorney Yong J. An is an experienced nurse attorney for various licensing cases for 16 years and represented over 200 nurses before the Texas BON. Contact Mr. An by calling or texting him 24/7 directly at (832) 428-5679.

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