This step would have reminded her of the generic name. RaDonda Vaught now faces potential jail time, and many still question why she was ever charged. Unfortunately we dont work in a vacuum. Vaught stated that Vanderbilt was undergoing a major change in their electronic system, causing frequent technical problems in the medication dispensing system. I am not the lawyer, jury, or judge in this case, but it worries me that Vaughts case has reached the point that it has. The hospital told the local medical examiner's office that Murphey died of "natural" causes, with no mention of vecuronium, according to Murphey's death certificate and Davidson County's chief medical examiner, Dr. Feng Li. NASHVILLE, Tenn. Four years ago, inside the most prestigious hospital in Tennessee, nurse RaDonda Vaught withdrew a vial from an electronic medication cabinet, administered the drug to a patient, and somehow overlooked signs of a terrible and deadly mistake. Protecting the system instead of the individual is wrongthe system should support the individual and not punish those who are honest about their errors. The line between accidents and recklessness is difficult to draw. While our legal system allows for the criminalization of human error even in the absence of any intent to cause harm (see Sidebar 2), ISMP does NOT believe criminal charges are justified in this case. I find this article disturbing. Bottom line is safety. When she searched for VE in the system, it could not be found due to the generic name listing and not the brand name. Undoubtedly, Vaught made a critical error that led to Murpheys death; however, after realizing her mistake, Vaught took the correct steps to report her error. Some experts have said cabinet overrides are a daily event at many hospitals. Vaught does not deny she accidentally confused the drugs but has pleaded not guilty to all charges. Unfortunately, blame and punishment lead to repeat incidents because punishment is a very, very weak corrective action. "You couldn't get a bag of fluids for a patient without using an override function.". RaDonda Vaught, medication safety, and the profession of pharmacy Honesty about mistakes helps address gaps in the system so that future mistakes can be prevented. Prosecutors do not allege in their court filings that Vaught intended to hurt Murphey or was impaired by any substance when she made the mistake, so her prosecution is a rare example of a health care worker facing years in prison for a medical error. You couldnt get a bag of fluids for a patient without using an override function.. The newly revised Guidelines, which were first created in 2009, include input from members of the Medication Safety Officers Society (MSOS), as well as ADC vendors, BD and Omnicell. Instead of taking out and administering Versed, RaDonda Vaught accidentally gave Vecuronium instead. Incidentally, it appears that the patients family does not agree with the criminalindictment of RaDonda. The detrimental effects of criminal prosecution on reporting, learning, culture, and safety strategies far outweigh its negligible impact on improving individual performance. Caring for our own: deploying a systemwide second victim rapid response team. Plymouth Meeting, PA 19462. That is a big discrepancy that led to the error when the nurse is trying to find the medication. It is understandable that Vaughts conviction makes healthcare professionals very worried and may incentivize them to cover-up medical errors instead of reporting them. Rather, I would like to highlight how you can hopefully avoid being in her shoes through a review of some medication administration principles that minimize the errors that reportedly occurred during her mistaken administration of the wrong medication. Nurses must be encouraged to report events that lead to near misses (before the error is made), errors, and any safety concerns. Another Round of the Blame Game: A Paralyzing Criminal Indictment that In particular to Vaughts case, the future of Americas most trusted profession for the past 20 yearsnursingis in jeopardy if nurses do not feel safe disclosing mistakes out of fear of indictment and conviction for their errors. When was the last time you worked the floor? Its important to note, not everything on kffhealthnews.org is available for republishing. She did not shirk responsibility for the error, but she said the blame was not hers alone. 1:35 RaDonda Vaught, a former Vanderbilt nurse criminally indicted for accidentally killing a patient with a medication error in 2017, was stripped of her license by the Tennessee Board of. Institute for Technology, Ethics, and Culture, Ethical Considerations for COVID-19 Vaccination, Hackworth Fellowships Project Showcase 2021, The Ethics of Going Back to School in a Pandemic, Systemic Racism, Police Brutality, and the Killing of George Floyd, COVID-19: Ethics, Health and Moving Forward, The Ethical Implications of Mass Shootings, Political Speech in the Age of Social Media, Point/Counterpoint: Democratic Legitimacy, Brett Kavanaugh and the Ethics of the Supreme Court Confirmation Process, Criminal Conviction of RaDonda Vaught sets Dangerous Precedent in Reporting Medical Errors. She was to do a Swallow study next. Patients lives depend on achieving this goal. Janie Harvey Garner, a St. Louis registered nurse and founder of Show Me Your Stethoscope, a nursing group with more than 600,000 members on Facebook, said the group has closely watched Vaughts case for years out of concern for her fate and their own. Medications such as Versed, which is by anesthesia as a sedative not anti-anxiety. The jury made the incorrect decision but, for the reasons stated earlier, the charges should have never been brought to the jury to make this difficult decision. The RaDonda Vaught Case: A Critical Conversation on Nursing Practice ISMP is not alone in supporting the nurse, as evidenced on various social media platforms10 and a GoFundMe campaign set up to help defray the legal costs associated with a defense for RaDonda. In the wake of Murphey's death, Vanderbilt took several actions that resulted in the medication error not being disclosed to the government or the public, according to county, state and federal records related to the death. What are the implications for health care and the law? The override feature is available in basically every hospital that utilizes ADCs and is a function used every day to obtain specific medications when a delay in treatment could impact patient care. Thank you! All 34 patients are deceased; of these, 28 received excessive and potentially fatal doses. Fatal errors are known to haunt second victims throughout their lives, and ISMP believes we have a moral imperative to change the culture of blame, retribution, abandonment, and isolation of second victims to a culture of healing, forgiveness, support, learning, and restoration. Attorney of nurse on trial over patient's death blames hospital's The RaDonda Vaught trial has been a major issue for the nursing community. You have the nurses who assume they would never make a mistake like that, and usually its because they dont realize they could. If Vaughts story followed the path of most medical errors, it would have been over hours later, when the Board of Nursing revoked her RN license and almost certainly ended her nursing career. Or, leaders and others, including the criminal justice system, may overlook latent system failures that contributed to an error and instead focus only on the frontline nurses active failure to follow the five rights., Yes, RaDonda did not complete verification of the five rights, which is a failing with ANY medication error. The facility and its nursing staff (in one way through the reporting of medication errors so they can be evaluated) must analyze the error, adjust policies and procedures as needed, and require safer approaches to medication administration. . An example includes the Centers for Medicare and Medicaid Services using a denial-of-payment program where they will not reimburse for preventable, hospital-acquired illnesses. (No action has been taken by the Tennessee Board of Nursing on the license of RaDonda.) To be fair, or just, human error should be consoled as long as the individuals behavioral choices were not reckless. Update: RaDonda Vaught Sentenced to 3 Years Supervised Probation In almost every clinical setting, nurses access medications through a computerized medication dispensing machine that generate error messages or warnings for certain risky medications, and they often require verification by a pharmacist before they can be taken out for a certain patient. I dont go to work in a vacuum. She typed in V-E to the system and took out Vecuronium instead of Versed, ignoring warning messages and a large label on the medication vial reading Warning: Paralyzing Agent. Additionally, Vaught, who was a newer nurse, did not recognize that Versed comes in liquid form and Vecuronium is a powder that must be mixed with liquid before administration. This essay outlines nine steps that should be taken to maximize patient safety and minimize the risk of criminal prosecution for harm that results from human error. Fatal errors are generally handled by licensing boards and civil courts. We appreciate all forms of engagement from our readers and listeners, and welcome your support. RaDonda Vaught sits in the courtroom ahead of her sentencing in Nashville, Tenn., on Friday. The prosecutor told the jury that RaDonda Vaught ignored warning labels on the medication, but the defense says a new electronic records system led to delays and often forced nurses to override the system, The prosecutor told the jury that RaDonda Vaught ignored warning labels on the medication, but the defense says a new electronic records . There wont ever be a day that goes by that I dont think about what I did.. There are a lot of details of this case that have not made headlines, and because of that, I wanted to do a deep dive into what actually happened, an explanation of the trial, and what I think this means for our profession. Prosecutors claimed that because she consciously disregarded warnings, she is culpable. Recent tragic events involving automated dispensing cabinet (ADC) overrides have brought a renewed focus on the safe use of ADCs. It has been well established that healthcare providers who are involved in a harmful (or potentially harmful) error also become victimized and traumatized by the event, suffering deep and long-lasting emotions characteristic of post-traumatic stress disorder (PTSD), including sadness, depression, shame, guilt, self-doubt, disbelief, fear, and an increased risk of self-harm.8,9 Second victims are often puzzled when common practices they have used in the pastsuch as obtaining a medication from an ADC via overridefail to keep a patient safe and result in an error. Vari Hall, Santa Clara University500 El Camino RealSanta Clara, CA 95053408-554-5319. The no harm, no foul mentality of waiting for patient injury before taking action belies logic when pursuing safety.17 Looking the other way when non-harmful errors happen leaves the outcome to a matter of luck. Her posts are designed for educational purposes only and are not to be taken as specific legal or other advice. They endorse using incentive-based approaches to ensure that health care systems will prioritize safety. "In this case, the review led the [Department of Health] to believe that Vanderbilt Medical Center carried a heavy burden of responsibility in this matter," Smith said. Also a position as such should have a nurse that is experience with. It is commonly given to patients prior to intubation (where the doctor inserts a breathing tube) or when they are on a ventilator so that the machine can do the breathing for them. Yes, the nurse should have caught it, however, an mistake was made and for some reason she is the scale goat. Rather, she left the patient after the drug was administered. Significantly, Vaught bypassed at least five warnings or pop-ups indicating that vecuronium was a paralyzing medication. Some experts have said cabinet overrides are a daily event at many hospitals. This event and the criminal charges that stem from it may conversely inhibit nurses from appropriately retrieving an urgently needed medication from an ADC via override, possibly leading to treatment delay and patient harm. As a Nurse Faces Prison for a Deadly Error, Her Colleagues Worry: Could I Be Next. The patient experienced an unwitnessed respiratory arrest and died.5. In order to fulfill the medical duty to first do no harm, we must allow people to confess mistakes. A healthcare worker, Mrs. Vaught, was blamed and charged with criminally negligent homicide and abuse of an impaired adult after administering the wrong medication. Cohen and Brown stressed that even with an override it should not have been so easy to access vecuronium. Two years after Vaughts error, Cohens organization documented a strikingly similar incident in which another nurse swapped Versed with another drug, verapamil, while using an override and searching with just the first few letters. While the death of any patient due to a medication error is a tragedy on countless levels, many safety experts, healthcare professionals, and consumers believe we have once again thrown a frontline practitioner under the bus for a mistake that could have happened in many other hospitals given the common, underlying system vulnerabilities that contributed to the error (see Sidebar 1). She also states that she recognizes the importance that her verdict has a much larger impact on health care as a whole: I have not shied away from my responsibility but health care is a system. RaDonda Vaught, a 35-year-old registered nurse, was indicted on charges of reckless homicide and abuse of an impaired adult, more than a year after inadvertently administering intravenous (IV) vecuronium instead of VERSED (midazolam) to a patient in radiology. Overrides are common outside of Vanderbilt too, according to experts following Vaughts case. She could face up to 8 years of prison for her mistake. Please dont wait for another patient to die, or another frontline practitioner to be brought up on criminal charges, before acting. The following list is based on standards of practice and standards of care for medication administration. Vaughts trial is causing widespread fear amongst nurses and healthcare professionals that they too could be criminally prosecuted for their accidental medical errors. NASHVILLE, Tenn. Four years ago, inside the most prestigious hospital in Tennessee, nurse RaDonda Vaught withdrew a vial from an electronic medication cabinet, administered the drug to a patient, and somehow overlooked signs of a terrible and deadly mistake. Criminal prosecution has worrisome implications for safety. Placing individual blame on the health care providers who make a mistake is not as effective as creating change within the system. RaDonda Vaught, a Tennessee nurse working at a prominent Nashville-based hospital, was criminally indicted on abuse and homicide charges after she gave a patient the wrong medication, which led to the patient's death. This could be me. testified that it was common for nurses at that time to override the system to get . (Stephanie Amador/The Tennessean via AP, Pool) By The Associated Press and TRAVIS LOLLER Published: Mar. RaDonda Vaught, a former Vanderbilt University Medical Center nurse charged in the death of a patient, listens to opening statements during her trial in Nashville, Tenn., on Tuesday, March 22. Prosecutors will say she ignored a cascade of warnings that led to the deadly error. The nurses job title was a help all nurse, meaning that she helped provide nursing care for urgent or emergent needs when nursing staff could not do so. Ex-nurse found guilty of criminally negligent homicide in medication I believe that this criminal investigation raises important ethical concerns regarding the protection of healthcare workers and the future of honesty within the workplace. RaDonda Vaught, a former nurse at . Although the health department did not try to fine or sanction Vanderbilt, it did punish Vaught. Please preserve the hyperlinks in the story. Vaught eventually lost her nursing license and was criminally charged for the patients death. State investigators stated that Vanderbilt had a heavy burden of responsibility, but no charges have been filed against the hospital. Patient Charlene Murphey died on December 27, 2017, after nurse RaDonda Vaught erroneously administered a dose of vecuronium, a powerful paralytic. The reality is that mere human error that randomly occurs in well-meaning people is now considered criminal in various circumstances where public safety is an issue. We distribute our journalism for free and without advertising through media partners of all sizes and in communities large and small. To err is to be human. This aphorism encapsulates the inevitability of the estimated 250,000 medical errors that cause the death of patients each year. The case hinges on the nurses use of an electronic medication cabinet, a computerized device that dispenses a range of drugs. Vanderbilt did not report the error to state or federal regulators as required by law, a federal investigation report states. However, although Vaught made a tragic mistake, I do not believe that Vaughts case warrants reckless homicide on the basis of her using the override function. Based on what we do know, this is what we have to say: RaDonda has been described in the media as a well-liked, respected, and competent nurse who had no previous disciplinary actions against her nursing license. Leaders are the owners of systems and are not off the hook, even though much of the dialog currently surrounds an individual frontline nurse. She expected the pyxis to id both names. There are more effective and just mechanisms to examine errors, establish system improvements and take corrective action. But utilizing the override function on the ADC and rushing to administer the medication was part of the environment she was in. This could lead to disastrous consequences in hospital settings, including taking a dangerous toll on patient safety. If you are unlucky, the patient is harmed. The RaDonda Vaught Case: Moving Past Blame and Punishment She also did not recognize that Versed is a liquid but vecuronium is a powder that must be mixed into liquid, documents state. RaDonda Vaught has also spoken out, revealing that she understands this case is about far more than just her culpability. Garner said most nurses know all too well the pressures that contribute to such an error: long hours, crowded hospitals, imperfect protocols, and the inevitable creep of complacency in a job with daily life-or-death stakes. They all need your attention. Non-disclosure violates the ethical principles of autonomy by not informing patients of their care, non-maleficence by withholding information and further harming a patient after the initial error, and most significantly fidelity by compromising the patients trust in the medical system. Click the button below to go to KFFs donation page which will provide more information and FAQs. But the five rights are merely broadly stated goals that offer no procedural guidance on how to achieve them. Save my name, email, and website in this browser for the next time I comment. She admits that she had become complacent and distracted when pulling up medications in the busy hospital setting. The nurse did report her error to the acute care nurse practitioner and a physician after the patient had coded in the PET scan unit and was brought back to neuro ICU. "We are engaged in a pretty high-stakes game of musical chairs and blame-shifting. While this case is understandably shocking for the nursing profession, it also highlights the importance of medication systems safety and raises concerns for hospitals liability. The five rights prevent errors by ensuring that the provider verifies the right patient, right drug, right dose, right route, and right expiration date. In fact, in the wake of this recent criminal indictment, we have heard that some nurses are even more terrified of making an inevitable human error that could tragically harm a patient AND lead to their arrest. Mistakes are a reality for all professions; however, the stakes change for medical professionals and this can lead to severity bias for believing that certain mistakes (i.e. Also, it is unlikely that nurses, including RaDonda, perceived a significant or unjustifiable risk with obtaining medications via override. In addition, the American Nurses Association (ANA) and the Tennessee Nurses Association (the state affiliate of the ANA and the state within which she practiced) issued a response to the conviction. 5200 Butler Pike Our hearts and prayers go out to the patients family as well as to RaDonda and her family. Additionally, Vaught did recognize that vecuronium is powderized and needs to be put back into solution, whereas Versed is a liquid. I work in a health care system. Vaughts sentencing will be held on May 13. Our support for RaDonda in no way lessens our condolences to the patients family or minimizes the pain her family will forever bear from losing a loved one to a medical error. With your help, we can continue to develop materials that help people see, understand, and work through ethical problems. If you are lucky, the patient is unharmed. Please create an account or log in to view your dashboard. I know the reason this patient is no longer here is because of me, Vaught said, starting to cry. But Vaught accidentally grabbed vecuronium, a powerful paralyzer, which stopped the patients breathing and left her brain-dead before the error was discovered. Looks like youre not logged in! Safety experts and many licensing boards agree that the criminal system need only be invoked in rare cases when harm is purposeful or knowingly caused without a justifiable benefit. Vanderbilt scapegoated RaDonda Vaught for 'systemic errors,' attorney says Vanderbilt's review process of the case led to Vaught getting fired, Vaught losing her Tennessee nursing license, and an out-of-court settlement between the hospital and Murpheys family. Nor can we repeatedly engage in risky choices, then unjustly punish the unlucky few who have been involved in events that resulted in significant harm.7Avoiding the severity bias and establishing a Just Culture is paramount to safety. Vaught recognized and admitted her mistake immediately, and she was subsequently fired from the hospital. RaDonda Vaught, 38, was charged in 2019 with reckless homicide and impaired adult abuse after she allegedly gave 75-year-old Charlene Murphey the paralytic vecuronium when she was meant to give. The jury found Vaught, a former nurse, guilty of . The nurse also lost her RN license prior to the conviction. And when the music stopped abruptly, there was no chair for RaDonda Vaught," Strianse said during opening statements. "Vanderbilt did not put that medication in her hand or make her override the system." Many . Vaught said Vanderbilt instructed nurses to use overrides to circumvent delays and get medicine as needed. Mistakes are a reality for all professions; however, the stakes change for medical professionals and this can lead to severity bias for believing that certain mistakes (i.e. Separately, Gail Lanigan, a state health investigator, told the Tennessee Board of Nursing that she had heard about computer issues causing problems with medication cabinets at Vanderbilt in 2017. If you are really unlucky, you may even spend time in jail for being human. The case centered around a 2017 medication error involving an elderly patient, 75 years old, whose condition was improving. RaDonda Vaught was working as a nurse at Vanderbilt University Medical Center when, on Dec. 26, 2017, she made a mistake that resulted in the death of her patient, Charlene Murphey. More than $50,000 was raised within the first 4 days of setting up the GoFundMe campaign, and the outpouring of emotional support, particularly from nurses, has been phenomenal. It is completely unrealistic to think otherwise. Vaught acknowledges she performed an override on the cabinet. Here's the definition in Tennessee, according to a law firm there. The RaDonda Vaught Case: Implications on Health Care and the Law In addition, as early as 2005 and as recently as 2016,14 ISMP has published articles about the ongoing problem of inadvertently administering a neuromuscular blocker to anunventilated patient, which includes recommendations for preventing these types of errors. The quality of ones behavioral choices should dictate accountability, not the human error itself or the severity of its outcome. Our legal information columnist Nancy J. Brent, MS, JD, RN, concentrates her solo law practice in health law and legal representation, consultation, and education for healthcare professionals, school of nursing faculty and healthcare delivery facilities. Vanderbilt on the other hand, was not forthcoming about the mistake and as expected, received nothing more than a slap on the wrist for the mistake. In response to a story like this one, there are two kinds of nurses, Garner said. Accountability for safety must be shared, and leaders are ultimately responsible for system design as well as subsequent design changes that are needed to improve safety within their organizations. The opposing view argues that Vaughts case warrants criminal prosecution, and it seems unconcerned with potential repercussions on honesty within health care. There is no doubt that you are accountable and responsible for your nursing practice. In fact, we find it shameful that a nurse who is already suffering and paying the price for her error is now facing a criminal indictment and possible trial, loss of her nursing license and livelihood, and time in prison. As the trial begins, the Nashville DAs prosecutors will argue that Vaughts error was anything but a common mistake any nurse could make. But she and others say overrides are a normal . The doctor ordered a med that was not appropriate for this patient, however it was the nurse the only one facing the charges. While we know nothing more about her than what has been shared in public reports and the media, we can say unequivocally that ISMP supports the nurse as a second victim of a fatal error. "There was no discipline because, according to [a Department of Health lawyer], a malpractice error has to be gross negligence before they can discipline for it.". Smetzer J, Baker C, Byrne FD, Cohen MR. Shaping systems for better behavioral choices: lessons learned from a fatal medication error. Just three days of . Vaughts lawyer, Peter Strianse, did not respond to requests for comment. Especially when the override function was commonly used because of technical difficulties in the medicine cabinets. Avoiding Medication Errors in Nursing | Nurse.com Prosecutors describe this override as a reckless act and a foundation for Vaught's reckless homicide charge. 2 subscription options. Overriding was something we did as part of our practice every day, Vaught said. Analyzing Abuse of Prosecutorial Discretion in the RaDonda Vaught Most malpractice cases end at this point. That incident did not result in a patients death or criminal prosecution, Cohen said. RaDonda Vaught, 38, was indicted in 2019 on two charges, reckless homicide and impaired adult abuse, in the death of Charlene Murphey at VUMC. She was asked to go to the PET scan unit to administer the anti-anxiety medication because a patient was anxious about an ordered scan. CE that meets your needs. While testifying before the nursing board last year, foreshadowing her defense in the upcoming trial, Vaught said at the time of Murpheys death that Vanderbilt was instructing nurses to use overrides to overcome cabinet delays and constant technical problems caused by an ongoing overhaul of the hospitals electronic health records system. Vanderbilt University Medical Center has repeatedly declined to comment on Vaughts trial or its procedures. . Additionally, Vanderbilt failed to report the medication error to state or federal authorities, which is required by law. The most significant systemic problem I identified is the fact that the doctors ordering system allowed for entering the medication order differently to how it is listed by pharmacy. Whether the nurse made an error in judgement when deciding to obtain the medication via override is not the issue; the real issue in this case is that there were no effective systems in place to prevent or detect the accidental selection, removal, and administration of a neuromuscular blocker that had been obtained via override.
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