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In nursing care, obtaining the correct diagnosis or result is very important. By doing so, the patient can receive the right treatment he/she needs. If an LVN fails to do it correctly and if something bad happens to the patient due to the LVN’s misconduct, the LVN will be subjected to disciplinary action by the Board. The LVN involved with such a case can ask for help from a nurse attorney.

At the time of the incident, she was employed as an LVN with a home health care service provider in McAllen, Texas, and had been in that position for one (1) month.

On or about September 19, 2019, while employed as an LVN with a home health care service provider in McAllen, Texas, and assigned to provide skilled nursing for a patient, LVN failed to take appropriate precautions to prevent injury in that, LVN pushed the patient, causing the patient to stumble into a door. Additionally, LVN failed to assess the patient for injuries after the patient stumbled into the door. LVN’s conduct was likely to cause emotional, physical, and/or psychological harm to the patient and could have interfered or disrupted this patient’s treatment.

In response, LVN states she did not push the patient and that she had been told to not let the patient push the RING doorbell every time he entered/exited the house. LVN relates that as she and the patient were entering the house, the patient started to push the doorbell and she told him no and reached for his hand; however, the patient ended up pushing the doorbell. LVN explains she was standing on the inside of the screen door, holding it open, when the patient bumped the door going inside the house and doesn’t know if the patient lost his footing or if she startled him when she told him not to push the button. LVN states she subsequently assessed the patient and found no marks on his body.

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

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

For more details and to schedule a confidential consultation, you must approach one of the most experienced Texas Nursing Law Attorney, Yong J. An. He is an experienced nurse attorney who represented more than 300 nurse cases for RNs and LVNs for the past 16 years. You can call him at (832)-428-5679 to get started or to inquire for more information regarding nursing license case defenses.