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Maintaining a high standard of care and adhering to professional boundaries are essential aspects of the nursing profession, ensuring patient safety and the integrity of the healthcare system. However, there are occasions when an LVN’s actions may raise concerns about patient welfare and professional conduct. When LVNs face allegations of unprofessional conduct and potential patient harm, seeking the guidance of a nurse attorney becomes crucial. By understanding the LVN’s rights and responsibilities, a nurse attorney can help assess the impact of the LVN’s actions, strategize an effective defense, and advocate for the LVN throughout any disciplinary proceedings. The nurse attorney’s expertise in healthcare law and nursing standards ensures that the LVN’s interests are safeguarded while upholding the highest ethical standards.

At the time of the initial incident, she was employed as an LVN with a home health service provider in Longview, Texas, and had been in that position for approximately three (3) months.

On or about April 2021, through May 2021, while employed as an LVN with a home health service provider in Longview, Texas, and assigned to provide nursing services for a patient, LVN was accused of the following:

  1. LVN left during her nursing assignment but would return for various reasons. LVN’s conduct was likely to injure patients in that leaving the nursing assignment could have resulted in the patients not getting the care that they needed.
  2. LVN violated professional boundaries in that she lived with the patient’s family. LVN’s conduct was likely to injure the patient in that it could have resulted in confusion between the needs of the nurse and those of the patient. In addition, LVN’s conduct may have caused delayed distress for the patient, which may not be recognized or felt by the patient until harmful consequences occur.

In response, LVN states: “I did leave during one shift, though I do not recall the date. Family matters arose regarding my elderly mother’s care, and I was specifically requested to be there during the meeting.” In addition, LVN states: “I had been kicked out of my home, due to my mother’s escalating verbal, mental, and physical abuse. I called in for the shift and chose to be honest and explained that I had been kicked out to the patient’s mother and she offered me a place to stay in exchange for rent.”

The above actions constitute grounds for disciplinary action in accordance with Section 301.452(b)(9),(10)&(13) Texas Occupations Code, and is a violation of 22 TEX ADMIN. CODE §217.11(1)(A),(1)(B),(1)(E),(1)(I),(1)(J)&(1)(T) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(1)(E),(4),(5),(6)(D),(10)(A)&(12).

However, without valid evidence to defend her side of the story, the LVN lost the case. Furthermore, the LVN failed to hire a Texas nurse 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/LVN license attorney. Texas Nurse Attorney Yong J. An is an experienced nurse attorney for various licensing cases for the past 16 years and represented over 300 nurses before the Texas BON. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-5679.