Select Page

Sleeping while on duty is the most common mistake nurses could make. The Board may find the nurse lacked the fitness to practice because of this reason. However, there are other factors and aspects to look for if you are really a fit to practice nursing. If the Board summons you, always seek a good nurse attorney to represent you in court.

At the time of the incident, she was employed as an LVN with a home health and hospice care provider in Georgetown, Texas, and had been in that position for less than one week.

On or about August 31, 2020 through September 3, 2020, while working as an LVN with a home health and hospice care provider in Georgetown, Texas, receiving on-the-job training, and providing care for a patient, LVN failed to provide appropriate nursing care in that she was observed sleeping during each of her shifts. On September 3, 2020, LVN’s coworker attempted to awaken LVN after she fell asleep around midnight, and throughout the remainder of the shift, without success. The mother of the patient attempted unsuccessfully to awaken LVN, when she arrived home around 3AM. Finally, after the oncoming day shift nurse arrived, LVN woke up around 5:50AM. LVN’s conduct was likely to injure the patient from lack of appropriate nursing care.

In response to the above incident, LVN reports this happened due to a worsening medical issue she did not realize she had until she saw a specialist in October of 2020.

Unfortunately, right after the investigation conducted by the Texas Board of Nursing, the LVN was deemed guilty of the accusation mentioned. Therefore, her LVN license was subjected to disciplinary action. 

She failed to employ a professional Texas nurse attorney to thoroughly defend her case, which resulted in this ruling by the Texas Board of Nursing.

As you prepare to go before the Texas Board of Nursing (BON), be sure not to make the same mistakes as the LVN mentioned in this case. Speak with a Texas nursing attorney right now so they can assess your case, give you a private consultation, and advise you on the course of action to follow.

Yong J. An, a Texas nurse attorney, has 16 years of expertise representing nurses in various cases before the Texas Board of Nursing. You can reach him by phone at (832) 428-5679, or through text messaging any time of day.