Being an LVN nurse is not an easy thing to do especially if you work in a public hospital. The demands from work can be challenging. As a matter of fact, there are times when you may end up getting a complaint from patients or their watchers. Most of the time, the complaint can lead to a suspension or dismissal from work. Sometimes, it can even result in the filing of an administrative case before the Texas Board of Nursing (BON).
This is the reason why it is really important for every LVN or RN nurse in the state of Texas to be connected with the right nursing defense attorney. There is a need to hire an effective and efficient lawyer if you want to protect your nursing license. Take note that the Texas Board of Nursing (BON) has the authority to revoke or suspend any professional nursing license. However, the order of suspension or revocation can only be issued after hearing on the merits of the case.
In one case involving an LVN nurse in Texas, she was terminated from work due to her malpractice. At the same time, there was also a case filed against her before the Texas BON. On or about September 3, 2014 and September 5, 2014, while employed as a facility administrator, the LVN nurse failed to timely document post dialysis assessments for a patient in that she documented the post assessments approximately six (6) to seven (7) hours after the patient completed her dialysis treatment.
The conduct of the LVN nurse deprived the patient of detection and timely medical intervention in the event that the patient experienced a change in condition. As such, she violated this law:
Sec. 301.452. Grounds for Disciplinary Action.
(a)In this section, intemperate use includes practicing nursing or being on duty or on call while under the influence of alcohol or drugs.
(b) A person is subject to denial of a license or to disciplinary action under this subchapter for:
(1) a violation of this chapter, a rule or regulation not inconsistent with this chapter, or an order issued under this chapter;
(2) fraud or deceit in procuring or attempting to procure a license to practice professional nursing or vocational nursing;
(3) a conviction for, or placement on deferred adjudication community supervision or deferred disposition for, a felony or for a misdemeanor involving moral turpitude;
(4) conduct that results in the revocation of probation imposed because of conviction for a felony or for a misdemeanor involving moral turpitude;
(5) use of a nursing license, diploma, or permit, or the transcript of such a document, that has been fraudulently purchased, issued, counterfeited, or materially altered;
(6) impersonating or acting as a proxy for another person in the licensing examination required under Section 301.253 or 301.255;
(7) directly or indirectly aiding or abetting an unlicensed person in connection with the unauthorized practice of nursing;
(8) revocation, suspension, or denial of, or any other action relating to, the person’s license or privilege to practice nursing in another jurisdiction or under federal law;
(9) intemperate use of alcohol or drugs that the board determines endangers or could endanger a patient;
(10) unprofessional conduct in the practice of nursing that is likely to deceive, defraud, or injure a patient or the public;
(11) adjudication of mental incompetency;
(12) lack of fitness to practice because of a mental or physical health condition that could result in injury to a patient or the public; or
(13) failure to care adequately for a patient or to conform to the minimum standards of acceptable nursing practice in a manner that, in the board’s opinion, exposes a patient or other person unnecessarily to risk of harm.
Because of these complaints, the administration body of the hospital eventually ordered an examination of the alleged malpractice. It was found out that the allegations by the patients were true. Because of this, Mitch was suspended from work. Meanwhile, a complaint was also filed before the Texas Board of Nursing (BON) wherein the LVN nurse was ordered to stop from practicing her profession for a certain period of time. The LVN nurse’s nursing license was suspended.
Unfortunately for her, she was not able to find the right lawyer to handle her case. Do not commit the same mistake as she did. Consult with Texas Nurse Attorney Yong J. An today if you have any questions about your response letter or the disciplinary process by calling or texting him at (832) 428-5679 day, night or weekends.