LVN Was Found Asleep During Shift, Missing Ventilator Alarm

LVN Was Found Asleep During Shift, Missing Ventilator Alarm

Healthcare is a critical field that requires nurses, especially Licensed Vocational Nurses (LVN), to provide attentive and vigilant care to patients, especially those in critical conditions. However, sometimes LVNs may find themselves in situations where their fitness to practice is questioned. In such cases, seeking the guidance of a nurse license attorney becomes essential. A nurse attorney can help LVNs understand their legal rights, advocate on their behalf during any investigations or disciplinary actions, and work toward a fair and just resolution. Let's delve into the incident mentioned below to be aware of the importance of seeking legal assistance to protect nurses' reputations and careers.

Mechanically ventilated patient through a respirator
sm by smartsites March 25, 2024

At the time of the initial incident, she was employed as an LVN with a pediatric home health care service provider in Mesquite, Texas, and had been in that position for two (2) years and nine (9) months.

On or about March 12, 2021, while employed as an LVN with a pediatric home health care service provider in Mesquite, Texas, and assigned to provide nursing care to a patient, LVN lacked fitness to practice nursing in that she was found sleeping with headphones on during her shift. As a result, LVN failed to hear the ventilator alarm sounding due to a disconnected tracheostomy tube. LVN's conduct could have injured the patient in that her condition affected her ability to recognize the signs, symptoms, or changes in patients' conditions and prevented her from being able to make rational, accurate, and appropriate assessments, judgments, and decisions regarding the care of her patients.

In response to the above incident, LVN stated that she fell asleep on March 12, 2021, because she consumed sugar, which exacerbated a health condition that made her sleepy.

The above action constitutes grounds for disciplinary action per 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)(T) and 22 TEX. ADMIN. CODE §217.12 (1)(A), (1)(B),(1)(E),(4)&(5).

The LVN admitted her mistake. As a result, the Texas Board of Nursing (BON) placed her LVN license under disciplinary action. The consequences could have been mitigated if she had consulted and sought advice from an experienced nurse license defense attorney for the case.

Contact Texas Nurse Lawyers for any Legal Consultation!

If you ever find yourself in a situation similar to the one the LVN mentioned above faced, do not let stress and anxiety take over. Instead, seek the help of an experienced RN/LVN license attorney in Texas who can provide you with the knowledge and expertise you need for a successful outcome. With their guidance, you can be confident in your ability to manage the legal process and come out on top. Remember, the right attorney can make all the difference.

Texas Nurse Attorney Yong J. An has been a nurse attorney representing over 600 nurses before the Texas BON and has a long track record of success in these types of cases. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-5679.