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In the realm of pediatric home healthcare, the utmost care and attention are imperative to ensure the well-being of young patients. When nurses face such challenging situations, the role of a nurse attorney becomes instrumental in providing comprehensive legal support and guidance. In the specific case below, a nurse attorney can assist the RN by offering legal counsel, evaluating the circumstances surrounding the incident, and formulating a strategic response.

At the time of the incident, she was employed as an RN with a pediatric home healthcare service provider in Waco, Texas, and had been in that position for four (4) months.

On or about October 7, 2021, while employed as an RN with a pediatric home healthcare service provider in Waco, Texas, RN failed to verify the contents in a small cup before inappropriately allowing the patient to drink the cup’s contents through a straw. RN was unaware that the cup contained hydrogen peroxide, and, according to the physician’s orders, the patient was not supposed to ingest anything by mouth. Within a few minutes, the patient’s mother realized the error and took the patient to a local emergency room, where the patient was treated with poison control methods and discharged later that day with no injuries. RN’s conduct was likely to injure the patient from adverse effects of swallowing and/or breathing in hydrogen peroxide solution, including possible tissue burns.

In response, RN states it was her second day caring for the patient and that the patient nodded yes when she picked up his water container, which she gave to him. RN relates she told the patient’s mother that she gave him water from the container and the mother said it was mouthwash. RN states the hydrogen peroxide solution was not in its original container.  

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

The Texas Board of Nursing then subjected the RN and her license into disciplinary action. The accusation would have been defended by an experienced and skilled Texas Nurse Attorney, had the RN hired one. Hiring a Texas Nurse Attorney for defense is applicable for any kind of accusation laid against an RN or LVN.

For more details and to schedule a confidential consultation, you must approach one of the most experienced Texas Nurse Attorney, Yong J. An. He 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.