Maintaining a safe and respectful environment for residents in healthcare facilities is an integral part of a nurse’s duty. Nurses are entrusted with the responsibility of providing care and support to residents while upholding the principles of compassion and respect. However, there are regrettable situations where nurses deviate from these fundamental principles, potentially compromising the well-being of residents and raising concerns about the nurse’s professionalism and adherence to ethical standards. In circumstances where nurses face allegations or legal concerns related to resident abuse and unprofessional behavior, a nurse attorney can provide indispensable support and guidance. They educate nurses on their legal rights and responsibilities, guiding them in cooperating with investigations and addressing the allegations against the LVN.
At the time of the incident, he was employed as an LVN at a treatment facility in Plano, Texas, and had been in that position for three (3) years and five (5) months.
On or about January 16, 2022, while employed as an LVN at a treatment facility in Plano, Texas, LVN tapped a resident in the face, while in the hallway, and subsequently went into the resident’s dorm area and grabbed the resident’s arm and pressed the resident’s face down against a mattress. LVN released the resident and then grabbed the resident’s neck area and pressed him down into the mattress again. Furthermore, the incident was recorded on video. LVN’s conduct could have caused emotional, physical, and/or psychological harm to the patient and could have interfered or disrupted this patient’s treatment.
In response, LVN states he tapped the resident on his head in a joking manner and the resident tried to tap LVN back, but LVN placed the med cart in-between them. LVN explains the resident then took his meds and cup of water and spit water back into the cup and threw it in LVN’s face. LVN relates the resident grabbed ‘something’ off the med cart and ran into the dorm. LVN states he noticed his pen missing from the med cart, so he walked into the dorm and grabbed the resident by his left hand. LVN explains the resident moved toward a bunk bed, so he followed him, grabbed his hands, and put his weight on the resident’s chest to try to free the resident’s hands. LVN states the resident placed his hand behind his head, so LVN turned him sideways and opened the resident’s hands. The resident then told LVN he did not take his pen or nasal spray. LVN states he then left the dorm and informed the staff of the incident.
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) and 22 TEX. ADMIN. CODE §217.12 (1)(A),(1)(B), (4),(6)(C)&(6)(F).
Unfortunately, the Texas Board of Nursing found him guilty of his deeds. His LVN license was subjected to disciplinary action. He did not hire a skilled Texas BON attorney to fully defend his case which led to this decision by the Texas Board of Nursing.
Make sure that you will not make the same mistake as the LVN mentioned above in his case before the Texas Board of Nursing (BON). Contact a Texas nurse attorney today who can provide you with a confidential consultation and evaluate your case and counsel you on the best steps to take. Texas Nurse Attorney Yong J. An is an experienced nurse attorney for various licensing cases for 17 years and represented over 500 nurses before the Texas BON. Contact Mr. An by calling or texting him 24/7 directly at (832) 428-5679.