The responsibility of providing healthcare, especially in home settings, demands unwavering attention and dedication from nurses. In situations where a nurse’s fitness to practice is called into question, the guidance and support of a nurse attorney become crucial. In the scenario described below, a nurse attorney can assist the nurse by providing legal counsel, evaluating the evidence, and offering guidance on the best course of action.
At the time of the initial incident, she was employed as an RN with a pediatric home healthcare service provider in Victoria, Texas, and had been in that position for approximately five (5) months.
On or about January 25, 2021, while employed as an RN with a pediatric home healthcare service provider in Victoria, Texas, and assigned to provide nursing care for a patient, RN lacked fitness to practice professional nursing in that she was observed sleeping during her shift. RN’s conduct 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.
In response to the above incident, RN states this particular night shift was the third consecutive 10-12 hour scheduled shift she had worked with her patient. RN states she was not feeling her best when she went to work that night, but thought she would be able to make it through the shift without any problems. According to RN, she would not have gone to work if she thought there was any danger of causing harm to her patient. RN states she remembers she had a headache, but she does not remember dozing off. RN adds she would never jeopardize the health and safety of any patient.
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)(B),(1)(E), (4)&(5).
The evidence against the RN was strong. At the same time, without the help of a nurse attorney, she was not able to properly defend her case in court. As a result, the Texas Board of Nursing placed her nursing license under disciplinary action.
Avoid the similar thing from happening on your end. Make sure to find the right defense attorney in case a complaint will be filed against you before the Texas Board of Nursing (BON). For more details or for a confidential consultation regarding accusations, it’s best to contact an experienced Texas nurse attorney. Texas Nurse Attorney Yong J. An is an experienced nurse attorney who represented more than 500 nurse cases for RNs and LVNs for the past 17 years. You can call him at (832) 428-5679 to get started or to inquire for more information regarding nursing license case defenses.