Patient safety: medication errors leading to criminal charges

Serious medical errors in health care occur consequently of each human and systemic aspects. Should a physician who makes an error resulting from human error, leading to the death of a patient, be held criminally liable? Unfortunately, this may occur in lots of states resulting from criminal statutes and federal or state laws. “Intent to cause harm” isn’t any longer required for an motion to be considered against the law, especially in situations where public safety is in danger. This happened to 1 nurse who was charged after by accident administering intravenous (IV) vecuronium as an alternative of Versed (midazolam), which resulted within the patient’s death. She was charged with reckless homicide and abuse of a disabled adult, for which she faces 2 to 12 years in prison, a big positive and the lack of her nursing license.

People make mistakes. In an age when physicians are expected to shoulder the burden of patients and tackle more responsibility with fewer resources and limited time, some may feel pressured to chop corners to get the job done, which may, after all, result in mistakes. When critical errors occur, the healthcare provider becomes the second victim. In other words, clinicians who experience serious antagonistic events might also suffer from posttraumatic stress disorder (PTSD) consequently of the event, including feelings of depression, shame, and guilt. Fatal mistakes can haunt the second victim for all times.

Criminal proceedings have wide-ranging negative effects, including:

• Discourages doctors from reporting errors
• It supports a blame culture
• Forces physician to depart clinical practice
• Lowers staff morale
• Prevents system improvement

In February 2019, in its report titled “Another Round of the Blame Game: A Crippling Criminal Indictment That Recklessly ‘Suppresses’ a Just Culture,” the Institute for Safe Medicines Practices (ISMP) covered the case and shared insights and methods for stopping such mistakes. Read the small print here.