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Nurses Call the Governor of Tennessee

Nurses   (14,800 Views 422 Comments)
by Nurse Beth Nurse Beth, MSN (Advice Column) Writer Innovator Expert

Nurse Beth has 30 years experience as a MSN and works as a Nursing Professional Development Specialist.

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You are reading page 36 of Nurses Call the Governor of Tennessee. If you want to start from the beginning Go to First Page.

425 Visitors; 147 Posts

4 hours ago, Jory said:

Well, good news for you!

Intent is not a legal requirement for reckless homicide.  

Yes, I know, as I've said many times, I know. Intent is not the issue with her criminal charges which is why she wasn't charged with murder. She was charged with reckless homicide which requires 'awareness', not intent. I believe she lacked 'awareness' when she accidentally killed that patient. I believe she was in a mindless rush. Mindless meaning not aware.

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425 Visitors; 147 Posts

12 hours ago, JadedCPN said:

I think that was a big assumption on your behalf. As someone who voted that she should be charged, that does not mean I think she should be charged and found guilty. It just means that her behavior warrants being charged with a crime and then getting her day in court to defend it, just like would happen to every single other non-nurse citizen who made a comparable “mistake” that resulted in a death. Nurses are not above the law, even if they’re working in horrible conditions. Which many people automatically assume she was, though I disagree with that and of course we don’t know.

Well, I'm glad you pointed out that some people who voted to criminally charge this nurse actually don't even want her to be charged guilty and go to prison. I feel better knowing that because it restores my faith in compassion. I understand you have a high respect for law and order. But I don't agree that a nurse's job and its inherent risks of harming and killing people in efforts to heal and save them is the same as a situation outside of that context. I think accidents should be dealt with by the BON and health care providers should not be criminalized for accidents. If you're saying that puts nurses above the law (I don't think so), then I think the law should be changed. Regardless, the law as it is stands doesn't demand she be criminalized, as I explained my interpretation of 'reckless homicide' does not fit her behavior. The interpretation of the law is open to debate; lucky for us we are not the lawyers who will have to debate it with that nurse's life in our hands. But I do hope the court also sees how her accident is not at the level of 'reckless homicide'. I know I won't sway your opinion in that way, and that's understandable because you have a different perspective -- interpretation of law is subjective.

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