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Any accusations of medical negligence should never be taken lightly. Even if you are certain that you have done nothing to such allegations, do not face the charges alone. You might end up leaving unprepared to answer questions which could eventually lead to you being deemed culpable. Accusations regarding negligence are a must to be observed properly not only by the Board but by a nurse attorney. An example of this happened to an LVN in New Braunfels where accusations of negligence are filed against her. 

On or about December 3, 2017, the LVN exhibited a lack of fitness to practice in that she was observed walking outside topless carrying her infant, with combative and confused behavior. Subsequently, she was brought to the Emergency Room by Emergency Medical Services, required sedating medication, and was then discharged to an inpatient for treatment. 

The LVN’s conduct could have affected her ability to make rational, accurate, and appropriate assessments, judgments, and decisions regarding patient care, thereby placing patients in potential danger. 

During the hearing, the LVN states that the facts are untrue and irrelevant as she was not scheduled to work on December 3, 2017. On or about January 3, 2019, the LVN underwent a Board required mental health evaluation with a doctor. The doctor recommended that the Board request current records or statements from her current treating providers, and if there are support and agreement with the opinion of the current assessment, that consideration be given by the Board to continue the LVN’s license to practice professional nursing, with provisions for supervision for at least a year and restrictions on employment in high-stress environments, such as an Emergency Room or Intensive Care Unit. 

Because of this incident, the Texas Board of Nursing then subjected the LVN and her license into disciplinary action.

The accusation would have been defended by an experienced and skilled nurse attorney, had the LVN hired one. Hiring a nurse attorney for defense is applicable for any kind of accusation laid against an RN or LVN.

Always remember that if a patient thinks she has been hurt or injured as a result of an RN proving or failing to provide professional services, that particular patient could sue the nurse. But that doesn’t mean the RN has been negligent. 

Attorney Yong J. An is a Texas nurse license defense lawyer that has a proven track record. He has over 12 years of experience handling Texas BON disciplinary action cases and has helped protect the license of numerous nurses in Texas. For a confidential consultation, call or text him at (832) 428-5679.