The Texas Board of Nursing has jurisdiction over all RN or LVN license cases. Therefore, the assistance of a nurse attorney is the best help you can ever get. Their expertise in the field of nursing can defend an LVN against the possible sanctions given to them.
A perfect example of this happened to an LVN. At the time of the incident, LVN was employed with a skilled nursing facility in Pearland, Texas, and had been in that position for two (2) months.
On or about March 13, 2019, through March 14, 2019, while employed as an LVN with a skilled nursing facility in Pearland, Texas, LVN failed to provide adequate nursing care to a patient in that he roughly tossed the patient into the bed causing his neck to pop after finding patient on the ground. Furthermore, LVN on several occasions aggressively threw the patient’s legs onto the bed. Additionally, LVN neglected the patient when he left the patient exposed with no clothes on or blankets covering him after entering his room to check on him. Subsequently, video surveillance captured LVN’s conduct toward the patient. LVN’s conduct was likely to cause emotional, physical, and/or psychological harm to the patient and could have interfered or disrupted this patient’s treatment.
In response, LVN states on the night in question, the patient, roughly a two-hundred-pound high fall risk combative non-complaint resident, suffering from dementia, who has had documented multiple prior falls, was previously moved from a regular bed to a bed with side rails, back to a regular bed with fall mats during his stay at the nursing facility. LVN states the patient attempted to get out of bed throughout his shift. LVN states after repositioning the patient in bed with the assistance of aides multiple times and answering calls, he informed the staff that he would stay in the room with the patient. LVN states while in the patient’s room, he placed a chair next to the window side of the low position bed, turned the TV on, and asked the patient what he would like to watch as to redirect the patient in his attempt to get out of bed and possibly injure himself. LVN states the patient became agitated and his frustration was manifested in tossing his covers off. LVN states the patient stated “stop it” when he attempted to recover him. LVN states as he sat in the chair next to the bed, he used his stretched leg to cover more area on the side of the bed so that the patient would not fall to the floor. LVN states he stayed in the room for 30-40 minutes, covered the resident, and left the room to check on another agitated resident. LVN states he stayed with resident Ms. P for 20-30 minutes, left to return to the abovementioned patient’s room. LVN states upon entering the room he witnessed the patient with his legs out of the left side of the bed, he placed the patient back in bed, lower extremity first then positions upper half. LVN states his attempts to cover resident made resident verbally aggressive by evidence of resident stating “go to hell” as he stated many times before and documented. LVN states he waited for the resident to become less irritable and to ensure his safety. LVN states the resident never complained of pain or showed signs of distress or injury to him or staff throughout the shift.
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) and 22 TEX. ADMIN. CODE §217.12 (1)(A),(1)(B),(4)&(6)(C).
However, he was not able to provide a good defense attorney for himself. Therefore, the Board of Nursing placed his LVN license under disciplinary action.
Any RN or LVN should never commit errors, negligence, or misconduct in work as it may affect their performance, which may lead to further issues to the patients they are taking care of. Additionally, if you ever undergo cases such as this, it’s best to seek the assistance of a good nurse attorney as it could make the case better in your favor. Be sure to find a nurse attorney who’s experienced and knowledgeable in several nurse cases to ensure the best assistance possible.
If you also received a complaint regarding a case filed on you, you should hire a nurse attorney immediately before it’s too late. Texas Nurse Attorney Yong J. An is one of those dedicated nurse attorneys who helped more than 150 nurse cases and has 16 years of experience defending RNs or LVNs. You may contact him 24/7 at (832) 428-5679 for more information or if you want to schedule a private consultation.