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Adherence to strict professional boundaries and the utmost commitment to patient safety are paramount in the medical field. Any deviation from these principles raises concerns not only about the well-being of the patient but also about the nurse’s ethical conduct and competence. During such challenging situations, the guidance and expertise of a nurse attorney become invaluable. Throughout any legal investigations or inquiries that may arise from this incident, the nurse attorney will tirelessly advocate for and safeguard the LVN’s legal rights. A nurse attorney ensures that the LVN complies with all legal obligations and requirements throughout the investigative and resolution processes. Collaborating closely with the LVN, the nurse attorney can formulate a robust legal strategy aimed at addressing the allegations while striving to mitigate potential legal consequences.

At the time of the initial incident, he was employed as an LVN at a correctional facility in Garland, Texas, and had been in that position for one (1) year.

On or about July 12, 2021, while employed as an LVN at a correctional facility in Garland, Texas, LVN allowed an inmate to draw a blood specimen from another inmate after he was unsuccessful. LVN’s conduct was likely to injure the patient and could have interfered or disrupted this patient’s treatment.

In response, LVN admits that he allowed an inmate to draw blood from another inmate. LVN states the patient had inquired about a blood draw that had been ordered some time ago and he advised he had a few minutes to get it done. LVN states after a few attempts, he advised the patient it wasn’t going to happen that day. According to the LVN, the patient requested another inmate’s assistance since the other inmate was a former registered nurse. LVN advised he didn’t know if that was allowed and turned to the officer on duty, who advised it was ok with her. LVN states the former nurse inmate came out and she was advised of the situation. LVN explains that the needle was still in the inmate’s hand from LVN’s attempt and the inmate was able to find the vein. LVN states he took over and finished the procedure.

The above actions constitute 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),(1)(O)&(2) and 22 TEX. ADMIN. CODE §217.12(1)(A), (1)(B),(1)(D),(4)&(11)(A).

A case was ultimately filed against him before the Texas Board of Nursing (BON). The said allegation was fatal to the LVN’s capability to perform the essential functions and duties. Sad to say, the nursing defense attorney who handled his case was not able to properly defend his interests and rights before the Board. The Texas Board of Nursing (BON) found him guilty of the offense alleged in the complaint and decided to place his LVN license under disciplinary action.

If you also received a letter from the Texas Board of Nursing regarding a case or complaint filed against 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 represent more than 500 nurse cases for the past 17 years. You may contact him 24/7 at (832) 428-5679 for more information or if you want to schedule a private consultation.