Alleged Inappropriate Pediatric Patient Care
Alleged Inappropriate Pediatric Patient Care
In pediatric nursing, trust and competence are super important, when it comes to looking after kids. If there are accusations of inappropriate behavior, especially in the pediatric care area, nurses might face some serious professional and legal consequences. This is where the guidance and expertise of a nurse attorney become invaluable. A nurse defense attorney possesses a combination of legal knowledge and healthcare understanding, allowing them to carefully analyze the detailed specifics of a case and formulate a strategic defense.
Case Scenario:
In the summer of 2021, an RN at a hospital in Dallas, Texas, was assigned to provide nursing care for a pediatric patient. The RN admitted she taped a pacifier to the patient's mouth, using the tape as a loose rope, to try and calm him because he would not stop crying if it fell out. The RN's conduct could have harmed the patient by obstructing his airway.
The RN responded without consulting an experienced nurse attorney. She stated that the pediatric patient was restless and crying so much that the mom was holding the pacifier in his mouth to calm him down continuously until she wanted to go to bed. When it was time for a new feeding, the RN nurse made a loose rope out of paper tape and secured it to the pacifier's guard instead of directly on the patient's mouth. She mentioned that she got this inspiration from the way nasal cannulas were being secured. The patient's mother did not speak or understand English, so communication was impossible. Additionally, the RN tried to explain to the patient's mother what she was doing with the pacifier, but the patient's mother never understood what the RN was saying. She monitored the baby all through the shift to make sure there was no harm, no change in condition, and no aspiration. The RN had to handhold the pacifier all through the night as the baby was restless and couldn't sleep or remain calm. The RN continued to monitor the patient until the patient fell asleep at 7:30 am. Thereafter, the RN apologized if she was misunderstood, as there was no intention to cause harm or impair patient safety.
Texas Board of Nursing Disciplinary Action
Per Section 301.452(b)(10)&(13) Texas Occupations Code the above action constitutes grounds for disciplinary action, and is a violation of 22 TEX ADMIN. CODE §217.11(1)(A)&(1)(B) and 22 TEX. ADMIN. CODE §217.12 (1)(B),(4) &(6)(C).
Unfortunately, the Texas Board of Nursing (BON) found her guilty of her deeds. As a result, her RN license was subjected to disciplinary action. She did not hire a skilled Texas nurse attorney to fully defend her case which led to the decision by the Texas Board of Nursing. She could have mitigated the disciplinary action by the Texas BON.
If you have questions about the Texas Board of Nursing disciplinary process. Contact The Law Office of Texas Nurse Attorney Yong J. An for a free consultation by calling or texting him 24/7 at (832) 428-5679.
Our law main office is in the Houston area, and we represent nurses from all across Texas.