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Maintaining an unwavering commitment to patient care and vigilance is an essential cornerstone of nursing practice. Nurses hold a significant responsibility in ensuring the well-being of their patients, particularly when entrusted with the provision of skilled nursing care. However, instances of nurses failing to uphold this responsibility can lead to grave concerns about patient safety, professional conduct, and the nurse’s fitness to practice. When confronted with situations that question a nurse’s ability to provide optimal patient care, seeking legal guidance is essential to ensure a fair evaluation of the circumstances. A nurse attorney can provide invaluable support in navigating the complex legal and ethical considerations, protecting the nurse’s rights, and advocating for the highest standards of patient care within the nursing profession.

At the time of the incident, she was employed as an LVN with a healthcare staffing agency in Beaumont, Texas and had been in that position for two (2) years.

On or about January 8, 2021, while employed as an LVN with a healthcare staffing agency in Beaumont, Texas, and assigned to provide skilled nursing care to a patient, LVN lacked fitness to practice in that she was observed, by the patient’s family, to be sleeping while on duty. As a result, the patient’s diaper was not changed, and the patient’s catheter leaked onto the bed. LVN’s conduct could have affected her ability to recognize subtle signs, symptoms, or changes in the patient’s 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, LVN states she received her first dose of the COVID-19 vaccine on January 6, 2021, and only felt mild soreness on her left arm. During her night shift, LVN states she felt achy with some mild chills, and she took an Ibuprofen. LVN states she continued to provide care as ordered until about 1:23AM, when she was rudely aroused by the patient’s daughter, who was using foul language and was speaking to her in an emotionally and verbally abusive manner. LVN states she felt threatened and was instructed to depart the premises, despite being apologetic and professional.

The above actions constitute grounds for disciplinary action in accordance with Section 301.452(b)(10),(12)&(13) Texas Occupations Code, and is a violation of 22 TEX ADMIN. CODE §217.11(1)(A),(1)(B)&(1)(T) and 22 TEX. ADMIN. CODE §217.12 (1)(A),(1)(B),(1)(E),(4)&(5).

However, without valid evidence to defend her side of the story, the LVN lost the case. Furthermore, the LVN failed to hire a Texas nurse attorney to help her with her case. Because of this, the Texas Board of Nursing disciplined the LVN’s license.

Do not be stressed or anxious if you find yourself in a similar situation as that of the LVN mentioned above. All you need to do is to find the right RN/LVN license attorney who can help you in the case. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas RN/LVN license attorney. Texas Nurse Attorney Yong J. An is an experienced nurse attorney for various licensing cases for the past 16 years and represented over 300 nurses before the Texas BON. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-5679.