The nursing profession demands a high level of professionalism, both in conduct and communication, to ensure the well-being of patients and maintain the integrity of the healthcare environment. Navigating allegations of unprofessional behavior, especially when intertwined with social media use and mental health disclosures, necessitates the expertise of a nurse attorney. A nurse attorney brings a nuanced understanding of both nursing practice and the legal ramifications associated with allegations of unprofessional conduct. In situations where a nurse’s fitness to practice is called into question due to online behavior, a nurse attorney can assess the context, advise on potential defenses, and advocate for the nurse’s rights.
At the time of the incident, she was employed as an LVN at a pediatric healthcare facility in Texarkana, Texas, and had been in that position for approximately three (3) months.
On or about May 2021 through June 2021, while employed as an LVN at a pediatric healthcare facility in Texarkana, Texas, LVN lacked fitness to practice nursing in that she exhibited bizarre and erratic behavior while on duty, such as writing inappropriate comments on her Facebook page regarding patients and patient care. Additionally, LVN wrote comments regarding her mental health, such as being “crazy” and going back to the “psych hospital.” LVN’s condition could have affected her ability to recognize subtle signs, symptoms, or changes in patients’ condition, 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.
In response, LVN explains that, at the time, she was going through a very difficult financial, emotional, and family crisis that led to homelessness. LVN states that during a particularly bad day, she inappropriately vented her frustration on Facebook regarding employment and her situation, where she felt it best to return to a safe place. LVN states that due to her crisis, she was hospitalized for depression. LVN states that she is currently on medication, that she is stable, and that she currently visits with a psychiatrist on a regular basis. LVN further states that she did not disclose this to the Board because it did not fall under the more severe psychiatric illness and she thought she could keep it to herself.
The above action constitutes grounds for disciplinary action in accordance with Section 301.452(b)(10),(12)&(13) Texas Occupations Code, and is a violation of 22 TEX ADMIN. CODE §217.11(1)(A),(1)(B)&(1)(T) and 22 TEX. ADMIN. CODE §217.12 (1)(A),(1)(B),(1)(E),(4)&(5).
Because of this, the LVN was summoned by the Texas Board of Nursing to defend her side, but the LVN failed to hire a nurse attorney to help her with her case and without proper defense, the Texas Board of Nursing then decided to place her LVN license under disciplinary action.
If you also received a letter from the Texas Board of Nursing regarding a case or complaint filed on you, you should hire a nurse attorney immediately before it’s too late. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas nurse attorney. Texas Nurse Attorney Yong J. An is one of those dedicated nurse attorneys who helped represent more than 500 nurse cases for the past 17 years. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-5679 for a confidential consultation regarding any accusations from the Texas BON.