An experienced nurse attorney has surely helped a lot of RNs and LVNs when it comes to cases that may lead toward disciplinary action. Unfortunately, not all nurses were able to hire a nurse attorney as they underwent such cases. This incident that an LVN committed was one of those examples.
On or about July 29, 2017, through July 30, 2017, while employed as a Licensed Vocational Nurse in a hospital in New Braunfels, the LVN exhibited impaired behavior to include: falling asleep, slurring her speech, unsteady gait, and having dilated pupils. In addition, when the LVN was instructed to submit to a urine drug screen, a staff member discovered a facility specimen cup already filled with urine hidden on the LVN’s person.
The LVN’s condition could have affected her ability to recognize subtle signs, symptoms, or changes in patients’ conditions, and could have affected her ability to make rational, accurate, and appropriate assessments, judgments, and decisions regarding patient care, thereby placing the patients in potential danger.
On or about July 29, 2017, through July 30, 2017, the LVN engaged in the intempérate use of Ambien in that she admitted to the Director of Nursing to taking an Ambien several hours before reporting to her night shift and that the effects of the medication had not worn off by the time she reported to duty. The use of Ambien by a Nurse, while subject to call or duty, could impair the nurse’s ability to recognize subtle signs, symptoms, or changes in a patient’s condition, and could impair the nurse’s ability to make rational, accurate, and appropriate assessments, judgments, and decisions regarding patient care, thereby placing a patient in potential danger.
In response to the incident, the LVN states she took an Ambien to sleep at approximately 1010, but when she arrived at the facility at 1735, she was still feeling the effects of the medication. She states that as she began to get a report from the outgoing charge nurse, she informed the charge nurse she was still sleepy and asked her to call the assistant director of nursing to take her place. She states that after the assistant director of nursing arrived at the facility, she was asked to submit to a drug test.
The LVN states she proceeded to get a VA container the facility uses for patients and urinated in it. She states she attempted to give her specimen to the assistant director of nursing but she refused it and informed her she could leave the facility.
The Texas Board of Nursing has full jurisdiction over all cases regarding errors committed by an RN or LVN.
The following incident and defense against the case caused the Texas Board of Nursing to place the LVN and her license into disciplinary proceedings. She would have sought assistance from a good nurse attorney in New Braunfels to provide clarifications towards the case.
It’s best to seek the help of a nurse attorney when facing different complaints and allegations. However, some nurses tend to face these results instead without thinking that nurse attorneys are always reliable for matters such as these.
If you’ve ever done any errors during your shift as an RN or LVN, and you wish to preserve your career and your license, an experienced nurse attorney is what you need. Nurse Attorney Yong J. An, an experienced nurse lawyer for various licensing cases for 16 years, can assist you by contacting him at (832) 428-5679.