Ensuring patient safety and the delivery of quality nursing care demands nurses to be alert, focused, and fit for duty, especially when providing care in home healthcare settings. Nurses are entrusted with the crucial responsibility of attending to patients’ needs and ensuring their well-being. However, there are regrettable instances when deviations from these fundamental standards occur, potentially compromising patient safety and raising concerns about the nurse’s ability to practice nursing with diligence and professionalism. In cases where nurses face allegations or legal concerns related to fitness for duty and incidents of compromised patient care due to exhaustion or illness, a nurse attorney can provide crucial support and guidance. They educate nurses on their legal rights and responsibilities, guiding them in cooperating with investigations and addressing the issues at hand.
At the time of the incident, she was employed as an LVN with a home healthcare facility in Mission, Texas, and had been in that position for one (1) month.
On or about July 4, 2021 , while employed as an LVN with a home healthcare facility in Mission, Texas, and assigned to provide nursing care to a patient, LVN lacked fitness to practice nursing in that she was found sleeping on the floor in the patient’s room, did not awake until the patient’s father repeatedly called her name, arose with difficulty off the floor, appeared to need to put her pants back on, and was disoriented in gathering her belongings. Later, LVN admitted that prior to her shift with the patient, she had worked a 12-hour shift with another agency and was feeling unwell. LVN’s conduct was likely to injure the patient in that her condition affected her ability to recognize the signs, symptoms, or changes in the patient’s condition and prevented her from being able to make rational, accurate, and appropriate assessments, judgements, and decisions regarding care of her patient.
In response to the above incident, LVN admits that she fell asleep because she had worked another shift prior to her shift with the patient. LVN states that she was not feeling well and took some medication she did not know would affect her ability to work.
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)(T) and 22 TEX. ADMIN. CODE §217.12 (1)(A),(1)(B),(1)(C),(1)(E),(4)&(5).
Because of this, the LVN was summoned by the Texas Board of Nursing to defend her side, but the LVN failed to hire a nurse attorney to help her with her case and without proper defense, the Texas Board of Nursing then 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 on you, you should hire a nurse attorney immediately before it’s too late. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas 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.
