Facing any allegations of negligence may compromise your career however, a skilled Texas nurse attorney can provide you the best help. If you have any valid reasons, you may refer to a nurse attorney to provide further defense against your case.
At the time of the initial incident, he was employed as an LVN at a home healthcare services provider in Abilene, Texas, and had been in that position for eight (8) months.
On or about April 25, 2020, through July 13, 2020, while employed as an LVN at a home healthcare services provider in Abilene, Texas, and assigned to provide nursing care for a patient, LVN did the following:
- LVN was observed sleeping and snoring on at least seven (7) different occasions during his shift. LVN’s conduct could have affected his ability to recognize subtle signs, symptoms or changes in patients’ conditions, and could have affected his ability to make rational, accurate, and appropriate assessments, judgments, and decisions regarding patient care, thereby placing the patients in potential danger.
- LVN silenced and/or turned off the patient’s pulse oximetry monitor. LVN’s conduct exposed the patient to a risk of harm in that the lack of information from the monitoring equipment could have deprived the patient of timely medical intervention.
In response, LVN states he might have dozed off, but he could not recollect. He also states most times the family would tell him he didn’t need to turn the pulse ox machine on since the baby was doing so well during the day. LVN states he walked into his shift and the patient was completely off oxygen and not on monitor. LVN explains during the 12pm feeding, the patient’s saturation got as low as the 60’s and he got up to suction, turned the patient, elevated his legs, changed the site of the probe, tried stimulating the patient by rubbing his chest and face so he could take a deep breath, and lastly converted oxygen from pedi to standard at 22pm. Despite all these measures, LVN states the saturation only increased to 90% and the monitor alarm was still going off, but the patient seemed in a deep comfortable sleep, skin looked pink, and no difficulty in breathing was noticed. According to LVN, he turned off the monitor for about 15-20 minutes as he wasn’t sure if the monitor had malfunctioned. About 5 minutes after turning it off, LVN states the dad came out of his room and he let him know what was going on and why he turned it off for a few minutes. LVN states that’s the only time he has completely turned it off and waited a minute before turning it back on.
The above actions constitute 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) and 22 TEX. ADMIN. CODE §217.12 (1)(B),(1)(E),(4)&(5).
However, without enough evidence to prove he’s not guilty, the LVN lost the case. This is the reason why the Texas Board of Nursing placed his LVN license under disciplinary action.
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.