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AHA and ANA praise leniency in sentencing for RaDonda Vaught

Medical errors should not be criminalized, organizations say.

Susan Morse, Executive Editor

Photo: Blanchi Costela/Getty Images

The American Hospital Association and the American Nurses Association said they are grateful for the court's leniency in sentencing former nurse RaDonda Vaught to a three-year probation instead of prison time for giving the wrong drug to a 75-year old patient, who died.

Vaught, 38, a former nurse at Vanderbilt University Medical Center in Nashville, faced up to eight years in prison for the 2017 death of 75-year old Charlene Murphey. Murphey was prescribed Versed, a sedative, but Vaught gave her a fatal dose of vecuronium, a powerful paralyzer, according to NPR. Vaught's nursing license was revoked. 

In March, a jury convicted Vaught on the two felonies of criminally negligent homicide and gross neglect of an impaired adult. The jury did not find Vaught guilty on the charge of reckless homicide.

Vaughn had reportedly switched the hospital's computerized medication cabinet into override. Nurses said this is routinely done to access medications more quickly.

Davidson Court Judge Jennifer Smith sentenced Vaught on Friday.

WHY THIS MATTERS

Nurses and others have rallied around Vaught, saying healthcare workers should not be criminalized for making mistakes.

The American Nurses Association and the Tennessee Nurses Association said by statement: "We are grateful to the judge for demonstrating leniency in the sentencing of Nurse Vaught. Unfortunately, medical errors can and do happen, even among skilled, well-meaning, and vigilant nurses and health care professionals."
 
The ANA had sent a letter to the judge on Vaught's behalf requesting leniency. "We were compelled to take this action because we all see ourselves in Vaught. Nurses see themselves in Vaught; our peers and colleagues and healthcare professionals beyond nursing see themselves in Vaught," the organizations said.
 
The ANA cited demanding work environments and inadequate staffing levels and challenges that predate the COVID-19 pandemic. 
 
"Leaders, regulators, and administrators have a responsibility to nurses and patients to put in place and sustain organizational structures that support a just culture, which includes recognizing that mistakes happen and systems fail," the ANA and TNA said. "Structures should include full and confidential peer review processes to examine errors, deploy system improvements, and establish corrective action plans. The criminalization of medical errors will not preserve safe patient care environments."

Robyn Begley, RN, chief nursing officer of the American Hospital Association and CEO of the American Organization for Nursing Leadership said, "We are pleased that the judge showed leniency in the sentencing of a healthcare professional who made a medical error. Tragic incidents that result from medical errors should not be criminalized.

"When errors happen, hospitals and health systems need open lines of communication to identify and understand the series of events so they can update patient safety systems to further prevent errors. Criminal prosecutions will discourage health caregivers from coming forward with their mistakes and will complicate efforts to retain and recruit more people into nursing and other health care professions that are already understaffed."

THE LARGER TREND

Medication accidents have previously resulted in fines or professional consequences, but Vaught's case is the first that has led to a criminal charge, according to Forbes.

The Nashville District Attorney's Office released a statement saying that the verdict was not an indictment against the nursing profession, but rather about the "gross neglect that was committed by RaDonda Vaught."

According to the Nashville District Attorney's Office, the cap on the medication issued a warning label that stated, "warning: paralyzing agent." 

Twitter: @SusanJMorse
Email the writer: susan.morse@himssmedia.com