An allegation of patient neglect or abuse is one of the most serious challenges a nurse can face, triggering an immediate Texas Board of Nursing investigation, regardless of whether it’s true or not. Knowing what qualifies as neglect or abuse, how the TBON investigates, and how to protect yourself is essential to safeguarding your license and career.
What Do These Terms Really Mean? Defining Patient Neglect and Abuse
Patient Neglect is defined as the failure to provide care, which leads to potential or actual harm. It is often caused by an accidental omission or a distraction. This includes failure to reposition a patient resulting in pressure injuries, a call for assistance was ignored, improper documentation, and others.
Patient Abuse is defined as an intentional action meant to cause harm, intimidation, or humiliation. It is a willful act of commission. This includes hitting, pinching, or improper restraint of a patient, using disrespectful language toward a patient, isolating a patient from others, and others.
The Texas Board of Nursing immediately responds to these allegations because its primary job is to protect public safety. Nurses accused of harming a patient are considered a direct threat.
In reality, nurses are often overworked, understaffed, and burned out due to increasing demands. Under these conditions, a simple mistake or an unintentional oversight can sometimes be interpreted as neglect.
How Does an Allegation Unfold?
After a complaint is filed, everything can start to fall apart quickly. It starts with a single report made by a patient, colleague, or administrator. Since the employer is legally required to investigate immediately, you may be suspended on the spot. The employer must report the allegation to the Texas Board of Nursing, turning the situation from an internal matter to a legal process that could threaten your license. Then, the TBON takes over the investigation. They may request patient records, interview witnesses, and review all the evidence. If they conclude that a violation occurred, the consequences are severe. This includes a public reprimand that becomes a permanent part of your professional record, suspension for an indefinite period of time, probation with conditions like supervised practice, continued education, or therapy, and revocation of your nursing license.
An allegation of patient abuse is often a career-ender, as the trust between the nurse and patient is considered too broken to repair. However, if the allegation involves patient neglect, it is not always a dead end. In some cases, it may be mitigated with a strong defense, potentially opening the door to license reinstatement.
Why Choose Texas Nurse Lawyers in Protecting Your License
Prevention is always your best defense. However, if an allegation of patient neglect or abuse is made against you, it doesn’t just challenge your clinical judgment; it attacks your character and your dedication to care. It’s important to take the situation seriously, but don’t panic. Schedule an appointment with a nursing license defense attorney immediately. Nurse attorneys help you in drafting your response and defense strategies.
At Texas Nurse Lawyers, we bring over 17 years of experience in defending Texas nurses against allegations brought by the Texas Board of Nursing. We are committed to building strong, strategic defenses, whether you’re facing disciplinary action or seeking license renewal, and reinstatement. We can help you navigate the TBON’s process, we will communicate with the TBON on your behalf, and we will deliver the best possible outcome.
Don’t face the TBON alone. Book an appointment with us today for a completely confidential consultation to discuss your case and your options.
