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In the nursing profession, the well-being and dignity of patients are paramount, and their rights to respectful and safe treatment must be always upheld. This includes the ethical and lawful treatment of individuals who require varying degrees of care and assistance. When allegations of improper patient restraint arise, the potential for harm, both physically and emotionally, becomes a matter of great concern. Acting as a bridge between the LVN, the healthcare facility, and any other involved parties, a nurse attorney can facilitate open and transparent communication while seeking resolutions that align with legal and ethical standards.

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

On or about May 18, 2021, while employed as an LVN at a health care facility in Grand Prairie, Texas, LVN improperly restrained a resident. More specifically, LVN moved the resident’s wheelchair up to a desk located by the nurses’ station and proceeded to place a large chart rack against the back of the wheelchair, then wedged a trashcan in between the chart rack and the medication room in order to prevent the resident from moving. LVN’s conduct was likely to injure the resident in that the use of an improper restraint could result in the patient suffering from adverse reactions and/or physical, mental or emotional harm.

In response, LVN states she did not restrain the resident. LVN states the allegation against her is false and a direct result of two employees who she had written grievances on more than one occasion.

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) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B), (4)&(6)(C).

The Texas Board of Nursing gave the LVN enough time to defend the complaints filed against her. However, there was a failure on the LVN’s part to find the right RN/LVN license attorney to handle her case. The negligence of the RN/LVN license attorney led to the decision of the Texas BON to place the LVN’s license under disciplinary action.

Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas RN/LVN nurse attorney. 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. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-5679 for a confidential consultation regarding any accusations from the Texas BON.