Maintaining vigilance and readiness while on duty is a fundamental requirement in nursing practice, essential for ensuring the safety and well-being of patients under a nurse’s care. Nurses are entrusted with the responsibility of providing continuous attention and care, even in home healthcare settings where patients may require consistent monitoring. Unfortunately, there are situations when deviations from these vital standards occur, potentially compromising patient health and raising serious concerns about the nurse’s ability to practice nursing. When nurses face allegations or legal concerns related to lapses in duty and fitness to practice, a nurse attorney can provide invaluable support and guidance. When nurses face allegations or legal concerns related to lapses in duty and fitness to practice, a nurse attorney can provide invaluable support and guidance. Nurse attorneys assist in formulating a robust defense strategy to mitigate potential professional and legal consequences.
At the time of the initial incident, she was employed as an LVN with a home healthcare provider in Lubbock, Texas, and had been in that position for ten (10) months.
On or about September 22, 2021, while employed as an LVN with a home healthcare provider in Lubbock, Texas, and assigned to a patient, LVN lacked fitness to practice nursing in that she was sleeping while on duty. LVN’s conduct was likely to injure the patient in that it adversely affected her ability to recognize subtle signs, symptoms, or changes in the patient’s conditions, 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 incident, LVN denies sleeping while on duty. LVN states she had stayed up late the night before handling personal issues and speaking with family abroad and did not feel well on this day.
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)(D)&(2) and 22 TEX. ADMIN. CODE §217.12 (1)(A), (1)(B),(1)(C),(1)(E),(4),(6)(A),(6)(H)&(10)(B).
The Texas Board of Nursing gave the LVN enough time to defend the complaints filed against her. However, there was a failure on the LVN’s part to find the right RN/LVN license attorney to handle her case. The negligence of the RN/LVN license attorney led to the decision of the Texas BON to place the LVN’s license under disciplinary action.
Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas RN/LVN nurse attorney. 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. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-5679 for a confidential consultation regarding any accusations from the Texas BON.
