Leaving your nursing assignment while on duty without notification to the present Registered Nurse is a violation. This may result in a great risk of harm to patients. It is also considered negligence of duty. An LVN having such a violation will be summoned by the Board and will be sanctioned. Before facing the Board, an LVN should come prepared by having a nurse attorney for the defense. An example of such a violation happened to an LVN at Waco, Texas.
At the time of the initial incident, she was employed as an LVN at a nursing and rehabilitation facility in Waco, Texas, and had been in that position for two (2) years.
On or about January 26, 2020, while employed as an LVN at a nursing and rehabilitation facility in Waco, Texas, and assigned to provide nursing care for a patient, LVN did the following:
- LVN inappropriately overshared personal information regarding her own mother’s similar diagnosis to that of the patient and failed to respect the patient’s boundaries. LVN’s conduct was likely to injure the patient in that it could have resulted in the confusion between the needs of the nurse and those of the patient, which may not be recognized or felt by the patient until harmful consequences occur.
- LVN left her nursing assignment early, without notifying the appropriate personnel, and transferred care to the patient’s older brother. Additionally, the patient’s brother was not familiar with providing the patient’s medical care, including working a feeding bag and feeding tube, which became clogged. LVN’s conduct was likely to injure the patient in that leaving the nursing assignment could have resulted in the patient not getting the care they needed.
In response, LVN states she shared with the patient about her mother’s diagnosis and asked if she would like to see pictures to be used as a learning tool/teaching method. According to LVN, the patient was receptive to the idea. LVN explains as she showed the patient the pictures, she appeared interested and curious as to what her mother was going through emotionally and physically. LVN states that the patient showed no nonverbal behavioral signs of looking uncomfortable. Furthermore, LVN states the patient stated she wanted her brother to watch over her and for her to leave. LVN explains that she gave a full report to the patient’s brother and he (the patient’s brother) verbalized that he understood that the patient wanted LVN to leave and wanted him to watch over her.
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),(1)(I)&(1)(J) and 22 TEX. ADMIN. CODE §217.12(1)(B), (4),(6)(D)&(12).
A case was ultimately filed against her before the Texas Board of Nursing (BON). The said allegation was fatal to the LVN’s capability to perform the essential functions and duties. Sad to say, the nursing defense attorney who handled her case was not able to properly defend her interests and rights before the Board. The Texas Board of Nursing (BON) found her guilty of the offense alleged in the complaint and decided to place her RN license under disciplinary action.
If you also received a letter from the Texas Board of Nursing regarding a case or complaint filed against you, you should hire a nurse attorney immediately before it’s too late. Texas Nurse Attorney Yong J. An is one of those dedicated nurse attorneys who helped represent more than 300 nurse cases for the past 16 years. You may contact him 24/7 at (832) 428-5679 for more information or if you want to schedule a private consultation.