The assistance of a nurse attorney is needed if you’re facing a case before the Texas Board of Nursing. Your defense can be strengthened further if you’re going to face the Board, even if your case is regarding risking a patient’s life. There are times where mistakes at work could be inevitable, which is why a nurse attorney can assure full assistance over such errors. Disciplinary actions could have been thought about by the Texas Board of Nursing if this LVN from Allen, Texas hired a nurse attorney over his case.
At the time of the incident, he was employed as an LVN with a home healthcare services provider in Allen, Texas, and had been in that position for ten (10) months.
On or about April 27, 2020, while employed as an LVN with a home healthcare services provider in Allen, Texas, LVN failed to report to his nursing supervisor that he had been tested for COVID-19 on April 24, 2020, after a recent exposure and was awaiting the results, and instead reported to work and completed two patient visits. Subsequently, LVN received positive test results. LVN’s conduct exposed the patients to a risk of harm from transmission of a communicable disease.
In response, LVN states that he received positive test results on April 28th. LVN states that he wanted to be tested because a few weeks prior, he heard from a friend of his who was in the hospital and tested positive for COVID-19. While there, his friend was tested and received a negative result. The same week, two of LVN’s patients had symptoms closely related to COVID-19 but tested negative. LVN states that he reported to his supervisor and requested to be tested, even though he was asymptomatic. LVN states that his other employer took him off the schedule pending the results, and when he received the positive test result, he notified both employers. LVN states that his current employer never gave him training or protocol to follow regarding this matter, and never informed him that he had to notify them of any medical procedures or testing that he underwent, not even COVID-19.
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)(O) and 22 TEX. ADMIN. CODE §217.12(1)(A), (1)(B)&(4).
The evidence against the LVN was strong. At the same time, he was not able to properly defend his case in court. As a result, his 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 300 nurse cases for RNs and LVNs for the past 16 years. You can call him at (832)-428-5679 to get started or to inquire for more information regarding nursing license case defenses.