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In the field of nursing, the obligation to advocate for patient welfare and intervene in situations that may cause harm is paramount. When confronted with such serious allegations, nurses facing legal challenges can benefit immensely from the expertise of a nurse attorney. A nurse attorney serves as a valuable advocate, adept at navigating the complex intersection of nursing practice and legal intricacies. In situations where a nurse is accused of failing to intervene in instances of potential harm to a patient, a nurse attorney can meticulously examine the facts, assess the adherence to established standards of care, and develop a strategic legal approach.

At the time of the incident, she was employed as an LVN at a hospital in San Antonio, Texas, and had been in that position for one (1) year and four (4) months.

On or about October 9, 2021, while employed as an LVN at a hospital in San Antonio, Texas, and responding to a page to assist on the Adolescent Forensic Program Unit with a client, LVN failed to intervene when, during restraint application, staff repeatedly jerked and pulled on the client’s arms and legs in a manner that was likely to injure the client. LVN also failed to intervene when during the restraint application, staff pulled and lifted the client by her shirt and shirt sleeve, exposing the client’s left breast. The client, who was diagnosed with Intermittent Explosive Disorder and Major Depressive Disorder with Psychotic Feature, struggled for about ten minutes with more than ten staff members before being secured in the restraint chair. LVN’s conduct was likely to injure the client due to inappropriate application of physical restraint.

In response, LVN states she was the LVN on duty at the time of the event and was called to assist with a combative patient. LVN states, while she was present, along with other mental health workers and her supervising RN, she was not involved physically with the restraint. LVN states she assisted with applying mechanical restraints once the patient was transitioned to mechanical chair.

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)(A),(1)(B),(1)(C),(1)(M)&(2)(A) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(4)&(6)(C).

The Texas Board of Nursing then subjected the LVN’s license to disciplinary action. The accusation would have been defended by an experienced and skilled nurse attorney, had the LVN hired one. Hiring a nurse attorney for defense is applicable for any kind of accusation laid against an RN or LVN.

Always remember that anyone can file a complaint against an RN/LVN with the state board for any reason. When this happens, all complaints need to be taken seriously no matter how trivial or unfounded they may appear. A nurse attorney is someone who can help you defend your license when the state board summons you. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas RN license attorney. Texas Nurse Attorney Yong J. An is an experienced nurse attorney for various licensing cases for the past 17 years and represented over 500 nurses before the Texas BON. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-5679.