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Taking care of vulnerable residents in a nursing home is not just about clinical skills, it’s also about treating them with respect and dignity. But sometimes, nurses may get in trouble due to misconduct, and it can be a stressful experience for them. That’s where a nurse defense attorney comes in as an essential supporter for the accused nurse. With their comprehensive knowledge of both nursing and legal aspects, a nurse license defense attorney can offer invaluable guidance by thoroughly reviewing the incident, ensuring proper procedures, and advocating for the LVN’s rights throughout the investigation and legal proceedings. We understand how important these issues are, and we are here to support you in any way we can.

Incident: Mistreating Resident Physically and Verbally

At the time of the incident, she was employed as an LVN at a nursing facility in New Braunfels, Texas, and had been in that position for three (3) months.

On or about January 17, 2022, while employed as an LVN at a nursing facility in New Braunfels, Texas, the LVN physically and verbally abused a patient in that LVN had a verbal altercation with the resident, grabbed the resident’s purse and threw it at the resident after she fell out of her wheelchair. Additionally, LVN repeatedly hit the resident over the head with a vinyl banner. Lastly, LVN walked away leaving the resident on the floor. LVN’s conduct was likely to cause emotional, physical, and/or psychological harm to the patient and could have interfered with or disrupted this patient’s treatment.

Respondents Response to the Incident Allegations:

Without seeking advice from an experienced nurse attorney, the LVN responded and stated that the resident approached her without a mask and LVN attempted to stop her for the safety of the other residents. LVN stated the resident is a left-leg amputee and LVN was trying to help her because she slipped from the wheelchair to the floor. LVN stated the resident hit LVN on the chest with a purse and LVN almost fell. She also added that the resident came after her to fight her, and held her scrubs, and LVN stated she had to loosen the resident’s hands. The LVN mentioned that the resident’s daughter later called the police. LVN stated if she knew about the resident’s violent behavior, she would not have approached her.

The above action constitutes grounds for disciplinary action in accordance with Section 301.452(b)(10)&(14) 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)&(6)(F).

Unfortunately, the Texas Board of Nursing found her guilty of her deeds. Her LVN license was subjected to disciplinary action. She failed to hire a skilled Texas nurse attorney to fully defend her case which led to this decision by the Texas Board of Nursing.

Hire An Experienced Texas Nurse Attorney To Represent Your Interests And Protect Your License

Do you have questions about the Texas Board of Nursing disciplinary process? Contact The Law Office of Texas Nurse Attorney Yong J. An for a free consultation by calling or texting 24/7 at (832) 428-5679. Texas Nurse Attorney Yong J. An is an experienced nurse attorney who represented more than 600 nurse cases for RNs and LVNs for the past 18 years.