Illegal usage of medications has been a signature specialty of a nurse attorney when handling cases for some nurses. However, some nurses tend to forget this fact because they really felt like they should be responsible even if they never intended to commit such an error.
On February 28, 2017, an LVN was working in a hospital in San Antonio, Texas, providing predominantly low-income patients on government assistance. She also ensured that her patients were comfortable and had all their necessary medications.
The head of the hospital permitted the LVN to work from home because her duties could be handled by telephone.
On February 28, 2017, the LVN called her supervisor and told her the company-issued laptop computer she was using was not working properly. The supervisor instructed the LVN to come to her office so that the Information Technology (IT) department could inspect the LVN’s laptop computer and, if necessary, issue her a new one.
The LVN drove herself to the supervisor’s office. When she arrived, the supervisor noticed that the LVN was slurring her speech, had an unsteady gait, avoiding direct eye contact, disappeared for a time, and fell asleep while standing.
At her supervisor’s instruction, the LVN summoned representatives from her Human Resources (HR) department.
An HR representative arrived and agreed that the LVN’s behavior was unusual and concerning. As a result, the HR representative requested that the LVN take a drug test. The LVN initially agreed to take a drug test, but ultimately refused to take the drug test.
The supervisor refused to let the LVN drive herself home, suspended the LVN from nursing duties, initiated an investigation into her behavior, and ultimately fired her in March 2017.
The LVN suffers from Complex Regional Pain Syndrome (CRPS), for which she has taken, and continues to take, Ketamine to help relieve the pain from her affliction.
On February 28, 2017, the LVN took Ketamine despite knowing she would on duty that day. The LVN did not realize that she would be summoned to the supervisor’s office but was nonetheless on duty working for the supervisor as an LVN when she took Ketamine.
This issue was filed as a complaint and sent to the Texas Board of Nursing. The Texas Board of Nursing has full jurisdiction in all cases that may affect the status of an RN or LVN’s license in the future. But they advise nurses to attend a hearing first before placing the sentence, which the LVN attended for her career’s security.
As a result, the Texas Board of Nursing placed her LVN license to disciplinary action. It’s too bad that she failed to hire a nurse attorney for assistance, knowing that she had every reason to defend herself in the first place. Her defense would have gotten better if she actually sought legal consultation from a Texas nurse attorney as well.
So if you’re facing a complaint from the Board, it’s best to seek legal advice first. Texas Nurse Attorney Yong J. An is willing to assist every nurse in need of immediate help for nurse licensing cases. To contact him, please dial (832)-428-5679 for a confidential consultation or for more inquiries.