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Did you know that the nursing license that you have worked so hard to achieve could be taken away from you in an instant? One of the mandatory laws to be complied with is the Texas Occupations Code. It is a set of statutes that was enacted to regulate the practice of every LVN or RN in the country. This is where the functions of the Texas BON play a very important role. The fate of the LVN or RN lies on the hands of the members of the Board. All decisions and resolutions are made after a thorough deliberation and meeting. At the same time, the LVN or RN subjected to the case is also given a right to defend his side in the tribunal. Therefore, nurses need a Texas nurse attorney to defend their case.

At the time of the incident, she was employed as an LVN with a home health service provider in Pearland, Texas, and had been in that position for ten (10) years and one (1) month.

On or about July 29, 2020, while employed as an LVN with a home health service provider in Pearland, Texas, respondent was accused of the following:

  1. LVN failed to ensure a patient was properly secured in her wheelchair. Subsequently, the patient fell out of her chair, sustained head injuries, received seven (7) sutures for a facial laceration in the Emergency Department, and was admitted to the hospital for multiple facial fractures and a subdural hemorrhage. LVN’s conduct likely contributed to the patient’s fall with injuries.
  2. LVN failed to appropriately report to her supervisors that the patient had fallen from her wheelchair and sustained head injuries. Subsequently, although injury to the patient occurred on July 29, 2020, around noon, the first office notification did not occur until 5:30 PM. LVN’s conduct may have contributed to delay in interventions for a fall with injury.

In response, LVN states after she transferred the patient to the wheelchair, only one of the two safety belt straps were visible, and then the patient became agitated, went into respiratory distress, and became temporarily aggressive. LVN reports the integrity of the client’s wheelchair had been compromised without her knowledge. After the patient fell, the mother of the patient told LVN she had placed a waffle cushion in the wheelchair, and that must have caused the fall, because it was too hard and sat up too high. Furthermore, LVN states the mother of the patient called the Primary Care Provider to report the accident, and LVN assumed the mother of the patient had also called the nursing agency at that time.

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)(D),(1)(M),(1)(P)&(2)(A) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B)&(4).

However, without enough evidence to prove she’s not guilty, the LVN lost the case. This is the reason why the Texas Board of Nursing placed her LVN license under disciplinary action.

If you ever undergo cases such as this, it’s best to seek the assistance of a good 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.

If you also received a letter from the Texas Board of Nursing regarding a case or complaint filed on you, you should hire a nurse attorney immediately before it’s too late. Texas Nurse Attorney Yong J. An is willing to assist every nurse in need of immediate help for nurse licensing cases. He is an experienced nurse attorney for various licensing cases for the past 16 years and represented over 300 nurses before the Texas BON. To contact him, please dial (832) 428-5679 for a confidential consultation or for more inquiries.