The ability of nurses to remain vigilant and responsive during their shifts is necessary to ensure patient safety and quality care. Unfortunately, instances arise where a nurse’s fitness to practice is called into question. In such challenging situations, a nurse attorney plays a crucial role in supporting nurses facing fitness-to-practice concerns. Nurse attorneys possess a deep understanding of the legal landscape surrounding nursing practice and can provide essential guidance to nurses navigating the complexities of fitness-to-practice investigations.
At the time of the initial incident, she was employed as an LVN with a pediatric healthcare service provider in Texarkana, Texas, and had been in that position for four (4) months.
On or about September 9, 2021, September 13, 2021, and September 14, 2021, while employed as an LVN with a pediatric healthcare service provider in Texarkana, Texas, and while assigned to provide skilled nursing care to a patient, LVN lacked fitness to practice professional nursing in that she fell asleep while on duty during her scheduled shifts. LVN’s conduct was likely to injure the patient in that it adversely affected her ability to recognize subtle signs, symptoms, or changes in the patient’s conditions, and could have affected her ability to make rational, accurate, and appropriate assessments, judgments, and decisions regarding patient care, thereby placing the patient in potential danger.
In response to the above incident, LVN stated she took Benadryl for her allergies and nodded off a few times while sitting next to the patient.
The above action constitutes grounds for disciplinary action in accordance with Section 301.452(b)(10),(12)&(14) Texas Occupations Code, and is a violation of 22 TEX ADMIN. CODE §217.11(1)(A),(1)(B),(1)(D),(1)(T)&(2) and 22 TEX. ADMIN. CODE §217.12 (1)(A),(1)(B),(1)(C),(1)(E),(4),(6)(A),(6)(C)&(6)(H).
However, without enough evidence to prove she was not guilty, the LVN lost the case. For that reason, the Texas Board of Nursing placed her LVN license under disciplinary action.
Contact a Texas Nurse Attorney today!
If you ever undergo cases such as this, it’s best to seek the assistance of an experienced nurse attorney as it could make the case better in your favor. Be sure to find a nurse attorney who is experienced and knowledgeable in several nurse cases to ensure the best assistance possible. Texas Nurse Attorney Yong J. An is willing to assist every nurse in need of immediate help for nursing cases. He has been an experienced nurse attorney for various nursing cases for the past 18 years and represented over 600 nurses before the Texas BON. To contact him, please dial (832) 428-5679 for a free consultation or for more inquiries.