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In a Nurse-Patient relationship, there are boundaries that are set to avoid misunderstanding and to avoid personal feelings or emotions involved during treatment. It is also on the part of the nurses to be nice and kind to their patients to avoid emotional distress. However, if you are found to be in arguments with a patient, you just need to be prepared in case a complaint or summon from the Texas Board of Nursing will happen. Being prepared means having a nurse attorney as your legal counsel to represent you before the Texas Board of Nursing.

At the time of the incident, he was employed as an LVN at a hospital in The Woodlands, Texas, and had been in that position for ten (10) years.

On or about January 29, 2020, while employed as an LVN at a hospital in The Woodlands, Texas, LVN inappropriately restrained a patient after the patient pushed a co-worker and engaged in a physical altercation with the patient. Furthermore, LVN did not document the event in the patient’s medical record. LVN’s conduct could have caused emotional, physical and/or psychological harm to the patient and could have interfered or disrupted the patient’s treatment.

In response, LVN states the patient’s behavior objectively posed an imminent harm to the patients and others and LVN needed to take steps to protect himself, other patients, and staff. LVN states the patient exhibited signs of continued aggression throughout the night and had to be put into a modified PRT multiple times. LVN states the patient attacked him and he acted in self-defense. LVN states only after another LVN put the patient in another modified PRT did the patient release the hold that she had on him. LVN states the patient continued to threaten and yell obscenities at him. LVN states he tried to leave the room, but the patient grabbed him by the hair again. LVN states another LVN had to put the patient in another modified PRT. LVN states he was released by the patient and was able to exit the room without further incident. LVN states that during this period, efforts were made to deescalate the situation and attempts at nonphysical intervention were made. LVN states the patient continued to attack him and prevented him from leaving the room. LVN was sent to the emergency room for evaluation following the event, and upon his return to the facility days later, LVN states he was unable to complete his documentation of the event in the patient’s medical record.

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)(D) and 22 TEX. ADMIN. CODE §217.12(1)(A), (1)(B),(4),(6)(C)&(6)(F).

A case was ultimately filed against him 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 his case was not able to properly defend his interests and rights before the Board. The Texas Board of Nursing (BON) found him guilty of the offense alleged in the complaint and decided to place his LVN 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.