The school nurse phoned me today. She indicated that my son has been inadvertently using another child’s kit to test his blood sugars at lunch time. My son’s kit is clearly labeled, as are all of his supplies, with his name. The problem is that my son has not been changing the lancet when he uses the kit. What should we do? I realize that there are probably issues related to blood borne pathogens to be dealt with, such as lack of supervision, etc., but I’m wondering if there are issues here that I have not thought of. Should I seek the advice of an attorney? Can I be sued for this?

As you pointed out, the major issue is the lack of attention by this school nurse in making sure your son uses his supplies. If there is any liability it would be hers not yours. As for seeking counsel from an attorney, that’s really up to you to decide how you want to handle this situation.

I would contact your son’s physician, explain what happened, and see if your son needs to be tested for blood borne pathogens. Also make sure that the parents of the child who owns the kit used by your son are also aware of the problem. You might be able to more easily sort out the problem together.

I don’t know your son’s age, but I would make sure he knows never to use anyone’s supplies except his own.

SS