Wisconsin Nurse being charged with criminal neglect

[psalm_55]

what happened here is truly tragic -- but given the complex, understaffed and over worked conditions in most hospitals, well -- it, or something like it, could happen to many of us.

the nurse's name is "Julie". there is a link at this web site to email support to this nurse. Please join me in letting Julie know that we are with her.

ALL nursing organizations need to address this -- and muster as much support from other professional organizations to STOP THIS MADNESS of pressing criminal charges against a nurse who made an honest mistake.

by the way, where is the ANA??????????????

Since When Is It A Crime To Be Human?

ismp.org says it so well:

"The belief that a medication error could lead to felony charges, steep fines, and a jail sentence can also have a chilling effect on the recruitment and retention of healthcare providers--particularly nurses, who are already in short supply."

Please use this link to give support to that RN.

[NRSKarenRN, BSN, RN]

great piece at center for nursing advocacy:

error and punishment

november 20, 2006 -- recent items in the capital times (madison, wi) deal with the criminal charge filed against veteran ob nurse julie thao. thao allegedly made a medication error that caused the tragic death of a young mother, jasmine gant. steven elbow's november 2 piece "st. mary's nurse is charged; medication error led to teen's death" describes the criminal complaint, which alleges that thao did not follow proper procedures. the piece gives no context, and no indication that the reporter sought comment from thao, her attorney, or any expert in health care errors. the result is essentially a narrow presentation of the state's case against thao. a story in the november 9 capital times by anita weier and mike miller does a better job. "nurses rally in support of colleague; many outside courthouse say charges too severe" describes a rally held during thao's first court appearance. the piece includes extensive comment from thao's supporters. but even it says nothing about the clinical context of the incident, such as the staffing level.

like a recent case in which a coroner's jury found a patient's death in an ed waiting room to be homicide, this wisconsin case has attracted national attention. pennsylvania's institute for safe medication practices (ismp) has released a supportive piece, " since when is it a crime to be human?" the ismp says it joins the wisconsin nurses association and wisconsin hospital association in opposing criminal prosecution of health workers for "unintentional errors." today the american nurses association released a statement that questions application of the criminal law here, and lists some of the systemic problems that can contribute to such errors. no piece we have seen makes clear how the error alleged here differs from negligent care-related acts that, however tragic for those harmed, do not result in criminal charges. it seems to us that--as suzanne gordon argues in a powerful november 15 capital times op-ed opposing the prosecution of thao--the potential negative effects of such charges on nursing practice are considerable. more...

learn more about the defense fund for wisconsin nurse julie thao.

[grace90, LPN, LVN]

So when will doctors start being prosecuted for *their* errors?

If this becomes the norm, I'll learn how to hang drywall and join my husband's business where the worst mistake I could make is to spill paint or put in a screw wrong. I already have enough anxiety about work that I get nausea and heart palpitations before I go in each day.

[grace90, LPN, LVN]

hi there

actually, i agree with cddeselms vbmenu_register("postmenu_1935628", true); , why the hack she didn't use the 3 checks plus the 5 rights, this is not just a mistake that caused a rash or something, she took the poor child life, i dunno if she deserves jail, but definitely she doesn't deserve to practice again as an rn or anything withing the health field, here is the time when she should change careers.

this kind of mistake is unacceptable, sorry julie but your were so negligent.

take care guys and don't forget 5'rights and 3 checks ,

c ya

oh, quit bein' a troll, we all make mistakes including you, and yes i will remember my 5 rights

[CarVsTree]

i don't think any one has lost sight of the fact that a death resulted from the error. however it was an error, not an intentional injury. sometimes when you have too many patients and too little time, steps get missed. as vigilent as you try to be, mistakes get made. it's horrible, but it happens, and it could happen to any one of us.

as far as your assertion that "all hell would break loose" if it was a physician who made the error, i very much doubt that. historically, physicians have covered up for one another.

i'm sure this nurse is doing some major soul searching. but i don't think the soul searching should include why she became a nurse in the first place or what it means to give patient care. i'm sure she probably knows far more about giving patient care than anyone who is still a nursing student could possibly know. i think this nurse needs a little compassion and understanding.

ruby,

i wholeheartedly agree. i think that only a practicing nurse can put herself in this nurse's shoes. a nursing or pre-nursing student just does not understand. yes, the 5 rights, the 3 checks all good practice. but sometimes, with fatique, stress, overwhelming pt. load, we've all forgotten. i once gave a dulcolax supp instead of a tylenol supp that was not yet ordered for my patient, therefore i didn't barcode. pt. was in for diarrhea x3days. i have never given a drug that was not ordered since that incident. now, even if my trauma resident is busy with a trauma, i either wait or if it can't wait, use my other resources. tylenol definitely could have waited. :uhoh21:

so very sad that the patient lost her life. but, definitely not criminal. civally punishable, yes. but not criminal.

[Simplepleasures]

As a nurse with 27 years of experience here in Wisconsin, in my opinion this case was sent to the DOJ because the BQA(state) and the Wisconsin Regulation and Liscensing Board has fallen down on its face in enforcing rules and regulations set forth in our state statutes. There is an expose in a book written by a former Wisconsin state examiner/supervisor, Mary Richards Rollins,titled "Pain,Patients and Politics" .In this book she reveals the true attitude of the beaurocrats running the BQA and just how much gets brushed under the rug, very shocking.I have spoken to many nursing home reform advocates that tell me this is not unusual and not isolated to Wisconsin.Also I was told by a nursing home reform advocate here in Wisconsin that about two years ago a regional director of the BQA was fired because of a scandal in which at least one if not more nursing homes were shut down .It was plastered all over the local Milwaukee news channels showing FBI agents wheeling box after box of records.From what I was told there were many serious violations over a period of several years and the BQA did not follow through with any sanctions, and the DOJ stepped in. I know all the administrative types will now yell about how many regs there are, etc, etc, but I want to know just how many violations are nursing homes squeeking out of? I'm sure their big corporate lawyers work on their appeals diligently.Bottom line , if the BQA and the Liscensing Board dont do their jobs, maybe the DOJ will start being the enforcer .

[sarahlh]

Indy,

We started using the bridge system about 5 years ago. Two weeks prior to the incident it was implemented in Birth Suites.

[sarahlh]

Rottie Mom,

Just to let you know St. Mary's is a wonderful place to work. Yes we have some of the same problems as other hospitals. We are in healthcare. There are always problems that we are going to have to work through.

[twotrees2]

I think this nurse will forever live with this awful mistake.

However, it was a mistake. It was not intentional. She did not deliberately kill someone. I am sure that she wishes that she could re-do this day.

Putting her in jail serves no useful purpose. She is not a danger to society.

I do agree that she should not practice nursing any longer. However, putting her in jail serves no purpose.

i agree with those who say no jail - yes license gone- yes i am sure monetary ( though inadequate ina nay instance of death ) from the nurse ( why we should all carry our OWN Liability Insurance) but yes- i have made a med error and who said it- something about there by the grace of god....... i thank god there was no injury when i did. just the thought of what COULD have happened haunts me to this day - this woman will never live a day of peace from now on. she was wrong ( as i was when i did and turned myself in when i could have gotten away with the error ) and needs to be punished ( and i was - not fun and very embarrassing and heartbreaking to know i did something wrong) - however her error was so significant with so many obvious red flags its got to be addressed. bright pink signs on the bag - not even needing to take it out etc- i will keep this nurse in my prayers and all of us for our future., i do agree if this goes to jail time or even probation vs cutting her license to practice this will change the course of nursing as we know it and many many more will be running - perhaps even myself included.

[twotrees2]

It's funny how the line seems to be drawn through the opinions on this matter.We've been talking about this case at work also and the trend there (and here ) seems to be that the less experienced nurses feel there are NO EXCUSES for this nurse-those of us with yrs of experience in the field are more apt to rationalize the situation.Is that because we have made our share of errors? Of course this nurse violated protocols-that's how errors are made.I truly believe that the majority of med errors are due to system breakdown and not carelessness on the nurse's part.After reading her bond affadavit it seems that she has been an exemplary nurse.Sure-measures have to be taken to insure this type of thing does not happen again and again-she should be disciplined but criminally? NO-I think that will set a dangerous precedent for our field..Our employers have systems in place to protect us and our patients from the nurses who should not be practicing-the ones who repeatedly violate the protocols and disregard the rights of med administration over and over.That type of nurse needs to loose her or his license.But if we criminally prosecute every nurse that makes an error that has a negative outcome it will lead to more nurses covering up their mistakes which will ultimatelt result in more harm to our patients.Errors DO serve a purpose-they point out problems in the system.They are a tool for education..Not a noose to hang the nurse involved.Who will want to go into the field of nursing under the threat of criminal prosecution ? Sheesh-have any of you ever looked at a label on a med and taken a second look seconds later to find it did not read what you thought it did? I have had my eyes and mind play tricks on me-it is freaking scary.......Use some common sense-there has to be more behind this story.I am betting that there is some kind of political motivation behind the criminal charges.And MONEY----Look at how they keep referring to the "child"in the complaint- that packs a bigger emotional punch then say the 38 yr old woman.....Let's keep following this story with open minds.We can all learn from it (let's not get the thread closed,citizens)

i agree- when i made my "bigger error" though it did not cause harm it could have if circumstances had been different but i had no trouble ( i was scared of my reprimand as i knew i would be getting one , namely fired which i was - but i was not afraid to tell on me even though could easily have covered the error up at the time easily) i have made several not so big errors - gave vitamins to wrong resident - ( the both in same room similar names and honest looked a LOT alike - and they had been in their wrong areas - chairs switched to wrong bedside for better view of TV) and i reported myself - any error i have never feared reporting cause that is how changes get made so rrors do not happen again - for others as well. sure makes ya think twice about willingness to report self- i hope i never ever NOT report me - but it sure makes one scared to do so................ i pray it never comes to that fear cause i will quit nursing before i will lie by omission. ......

[puppersRN]

Kimmi hasn't been a nurse very long. I also have never heard of a physician being criminallly charged with a patients death. As a matter of fact, this nurse is being held far more accountable than any physician who has harmed a patient. It was a mistake and could happen to anyone. The nurse worked a double shift the day before and never even left the hospital before starting her shift that day. There were multiple system failures in place when this tragedy occured. EVERY nurse, doctor, etc makes mistakes- unfortunately this one was fatal. People in glass houses...........

[RN BSN 2009]

To Err is Human

[RunningWithScissors]

My hospital is in this system and we are told that as of now, there is a zero tolerance for any med errors.

Unlike Clarion in Indiana, where the nurses were not disciplined for the infants' deaths because they realized it was a system failure and worked to correct that, our system refuses to believe that anything administration has done (faulty policies) could have led to the error; so the nurses are hung out on the line. System failures? Not here!!!! Nope, the nurse is ALWAYS to blame!