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Whenever someone filed a complaint against you involving negligence at work, your license could be put in danger if not defended by a Texas BON attorney. An LVN from Austin, Texas is just one of the many examples of nurses who were found to be negligent while on duty.

At the time of the incident, she was employed as an LVN at a healthcare facility in Austin, Texas, and had been in that position for seven (7) months.

On or about November 26, 2019, while employed as an LVN at a healthcare facility in Austin, Texas, LVN lacked the fitness to practice nursing in that she was found to be sleeping while on duty. 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, LVN states after putting the patient down for a nap, she made the mistake of getting too comfortable. She states the mom had relaxing music on and she had laid down on the couch. LVN states she situated herself with her back against the couch in a sitting position. She states the patient was right at her side in his chair and she began charting and watching the patient. LVN states she continued to chart and about 40 minutes later she realized her neck was hurting. She states she opened her eyes and realized that she had nodded off. LVN states it was no more than 1-3 minutes because the same instrument was playing.

The above action constitutes 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)(B)&(1)(T) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(1)(E)&(4).

However, without valid evidence to defend her side of the story, the LVN lost the case. Furthermore, the LVN failed to hire a Texas BON attorney to help her with her case. Because of this, the Texas Board of Nursing disciplined the LVN’s license.

Do not be stressed or anxious if you find yourself in a similar situation as that of the LVN mentioned above. All you need to do is to find the right RN/LVN license attorney who can help you in the case. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas RN/LV license attorney. Texas Nurse Attorney Yong J. An is an experienced nurse attorney for various licensing cases for 16 years and represented over 200 nurse BON license cases before the Texas BON. Contact the Law Office of Yong J. An, 24/7 through text or call at (832) 428-4579.