A disciplinary proceeding that involves the acts or omissions of a RN or LVN nurse is under the jurisdiction of the Texas Board of Nursing (BON). Any party who wants to file a case against the nurse has the duty to present the necessary evidence to prove his allegations. In the absence of the required proof, the Texas Board of Nursing (BON) may rule in favor of the RN or LVN nurse. Once a case has been filed, it is important that the defendant must be served with a written notice of the facts and conduct alleged to warrant adverse licensure action to the RN or LVN nurse.
There are different cases that are filed every single day before the Texas Board of Nursing (BON). In these cases, the assistance of a lawyer is really necessary in order to ensure that the rights of the nurse involved are protected. At the same time, the lawyer can also help in rebutting all the allegations of the complainant. Sad to say, many nurses fail to see the significant role that the nursing defense attorney in the hearing of their cases. As a result, they end up waiving the right to be represented by a counsel.
This is exactly what happened in the administrative complaint involving a registered nurse named Rose. While employed with a home health center in Texas, the LVN nurse was assigned to provide nursing care to a particular patient. A complaint was filed against him on the ground that he lacked fitness to practice professional nursing. According to the complaint, he exhibited a behavior that was not normal for a RN nurse.
The LVN nurse Rose moved in with the patient while receiving state funded pay via Medicaid for service, San Antonio, Texas. This happened while she was on assignment in the home of a particular patient., The complaint emphasized that the LVN nurse’s conduct was likely to defraud the facility of the money and injure the patient. It was stated that her acts and omissions constituted boundary violations, which can cause delayed distress for the patient, which may not be recognized or felt by the patient until harmful consequences occur. Additionally, the conduct of the vocational nurse was likely to injure the patient in that it could have resulted in confusion between the needs of the nurse and those of the patient.
During the hearing of the case, the LVN nurse chose to waive her right to be assisted by a nursing defense lawyer. This was a wrong move on her part. The Texas Board of Nursing (BON) found her guilty for improper conduct. Although the order was only for a suspension for a short period of time, it still affected the LVN nurse’s employment. For the period of suspension, she was not allowed to engage in any nursing care jobs. Because of this, she lost a lot of potential income.
Make sure that you will not make the same mistake that Rose did in her case before the Texas Board of Nursing (BON). Contact a Texas nurse attorney today who can provide you with a confidential consultation and evaluate your case and counsel you on the best steps to take. Contact Mr. An by calling or texting him 24/7 directly at (832) 428-5679.