In the realm of pediatric nursing, vigilance, and adherence to established medical protocols are of utmost importance, given the unique healthcare needs of young patients. Nurses entrusted with the care of pediatric patients bear the vital responsibility of promptly recognizing and addressing any changes in their condition, ensuring their safety and well-being. However, there are disheartening instances when deviations from these fundamental standards occur, potentially compromising patient safety and raising concerns about the nurse’s competence and adherence to established protocols. When nurses face allegations or legal concerns related to deviations from pediatric care standards, unauthorized medication administration, and failures to seek physician guidance, a nurse attorney can provide crucial support and guidance.
At the time of the initial incident, she was employed as an RN with a pediatric home healthcare provider in Pearland, Texas, and had been in that position for one (1) year.
On or about December 28, 2022, while employed as an RN with a pediatric home healthcare provider in Pearland, Texas, RN failed to notify the physician when a pediatric patient experienced a change in condition with seizure-like activity and a low oxygenation level. Instead, RN inappropriately administered Diastat, which was expired, to the pediatric patient without a valid physician’s order. RN’s conduct exposed the patient to a risk of harm, in that failure to administer medications as ordered by the physician could have resulted in non-efficacious treatment of the patient’s condition.
In response, RN states that she did not initially contact the physician when the patient’s status changed, but she did attempt to speak with the physician that day. RN states that it was made clear by the patient’s family during a previous visit that they did not want the nurses to contact health care providers and did not want emergency services contacted. RN states that she was doing her best to care for the patient in her current state with the information and supplies she had available. RN states that she placed several calls to the patient’s caregivers informing them she was extremely concerned, but they did not seem to be as concerned as the RN. RN states that she felt that it was vital to do something for the patient to ease her discomfort and she knew that the Diastat was expired, but there was a chance that it might help. Looking back, RN states that in her haste, she should have looked at the medication administration record and orders, and she understands that this was a mistake. RN states that the Diastat did help the patient for a little while and when she began exhibiting seizure-like symptoms and lower oxygenation readings for the second time that day, RN had to legitimately argue with the family about contacting the physician. RN states that the patient’s grandmother herself finally did call the doctor’s office and informed them that she thought the patient was in her normal state, but RN was not allowed to speak with the staff. RN states she then used her own phone and called the physician office, and explained the situation to the receptionist, who then reported to the nurse practitioner. RN states she was told that the circumstance was normal for the patient. RN states that in the future, she will be certain to speak to the doctor herself when there are significant changes in patient status, as well as checking orders before administering a treatment, and making sure medications are not expired.
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),(1)(M)&(1)(P) and 22 TEX. ADMIN. CODE §217.12 (1)(A)&(1)(B).
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 Attorneys, 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.
