RaDonda Vaught Update - State Health Officials Reverse Decision and File Medical Disciplinary Charges

[tnbutterfly - Mary]

We have had multiple discussions here on allnurses about RaDonda Vaught’s fatal medical error two years ago in which she accidentally administered a fatal dose of a paralytic drug to a patient. Many have expressed opinions pro and con regarding the Tennessee Department of Health’s decision that RaDonda’s error did not warrant professional discipline. Not much additional information has been released about the case...until now.

Although this information was not made public until this week, on September 27, 2019, the decision was reversed by the Tennessee Board of Nursing and RaDonda is now being criminally prosecuted and being charged with unprofessional conduct and abandoning or neglecting a patient that required care...

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“The new medical discipline charges, which accuse her of unprofessional conduct and neglecting a patient that required care, are separate from the prosecution and only impact her nursing license.”

Vaught’s attorney was quoted in an email saying, “

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"It seems obvious that the District Attorney’s Office and the Tennessee Department of Health are working in concert in the pending criminal/administrative matters,” Strianse wrote in an email, adding later: “The Board of Health likely feels some public pressure to reverse its position in light of the attention that has surrounded this unfortunate accident.”

In February, Vaught was charged with reckless homicide and impaired adult abuse. In a previous court appearance, Vaught publicly admitted she made a mistake but pleaded not guilty to all criminal charges.

Since Vaught's arrest, this case elicited an outcry from nurses and medical professionals across the country. Many have accused prosecutors of criminalizing an honest mistake.

A hearing is scheduled for November 20, 2019.

Click here to see the discipline charges.

What do you think about the recent charges?

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References

RaDonda Vaught: Health officials reverse decision not to punish ex-Vanderbilt nurse for fatal error

[MunoRN, RN]

3 minutes ago, Susie2310 said:

Surely the point is that the "override" function is to be used along with the Five Rights and other medication administration safety checks.

That's not the basis of the criminal charges against her, the basis is that any use of the "override" function constitutes criminal reckless endangerment, regardless of whether any errors or harm occurs.

[Wuzzie]

Yeah, the initial override was never an issue for me. It’s a necessary evil. But anytime I override you can be darn sure I double and triple check things. Unfortunately there were several more overrides that occurred in this tragedy. One would think that would make a prudent nurse go ?.

[MunoRN, RN]

5 minutes ago, Wuzzie said:

Yeah, the initial override was never an issue for me. It’s a necessary evil. But anytime I override you can be darn sure I double and triple check things. Unfortunately there were several more overrides that occurred in this tragedy. One would think that would make a prudent nurse go ?.

And I would argue the override function is safe when used with other safety measures, the legal precedent that's well on it's way to being established is that using the override function is itself criminal.

That leaves facilities with two options; either prohibit the use of the override function, which in many circumstances will lead to patient harm, or negate the existence of the override function by no longer having a patient medication profile, which is an important safety measure.

[Wuzzie]

I don’t disagree with you Muno.

[rzyzzy]

9 hours ago, Susie2310 said:

Surely the point is that the "override" function is to be used along with the Five Rights and other medication administration safety checks.

I had nine “rights” in nursing school, and there’s probably twenty or thirty “rights” now.

which “rights” are we talking about?

I don’t have any “rights” printed out on the back of my nursing license..

I didn’t take a “pledge” to adhere to “the xxx rights” of med administration to get my license..

is there a “rights” question on the NCLEX now that everyone gets?

[rzyzzy]

8 hours ago, MunoRN said:

And I would argue the override function is safe when used with other safety measures, the legal precedent that's well on it's way to being established is that using the override function is itself criminal.

That leaves facilities with two options; either prohibit the use of the override function, which in many circumstances will lead to patient harm, or negate the existence of the override function by no longer having a patient medication profile, which is an important safety measure.

What should be actually criminal here is calling a search function an “override”.

further, if searching is criminal - then the prescriber and pharmacy and drug cabinet maker should all be co defendants.

why would you prescribe “Prilosec” when someone actually needs omeprazole?

why would you put a system in place that dispenses omeprazole when the doc clearly ordered Prilosec?

this case actually breaks the prescription system if it is allowed to stand.

[caliotter3]

Irrespective of all the facts to be considered in this case, to the extent that the Board’s reversal of their original determination was in response to public pressure, I disagree. Too much policy and too many important decisions nowadays are being driven by the rash rush to judgement of the public’s obsession with political correctness. I would never want to be subject to this skewed view when it comes to my personal survival.

[rzyzzy]

2 minutes ago, caliotter3 said:

Irrespective of all the facts to be considered in this case, to the extent that the Board’s reversal of their original determination was in response to public pressure, I disagree. Too much policy and too many important decisions nowadays are being driven by the rash rush to judgement of the public’s obsession with political correctness. I would never want to be subject to this skewed view when it comes to my personal survival.

Don’t forget the last line of the initial letter she was given, thanking her for her cooperation with the board.

any statements she made to the board, without a Miranda warning are now being used against her in her criminal case.

nurses don’t actually have a “right to remain silent” if they want to keep their nursing license and livelihood. You have to answer questions to keep your license. The answers you give might be evidence of guilt in your future criminal case.

[heron, ASN, RN]

3 hours ago, caliotter3 said:

Irrespective of all the facts to be considered in this case, to the extent that the Board’s reversal of their original determination was in response to public pressure, I disagree. Too much policy and too many important decisions nowadays are being driven by the rash rush to judgement of the public’s obsession with political correctness. I would never want to be subject to this skewed view when it comes to my personal survival.

Respectfully, what does political correctness have to do with either malpractice or murder/manslaughter?

[Rose_Queen, BSN, MSN, RN]

8 hours ago, rzyzzy said:

What should be actually criminal here is calling a search function an “override”.

No, the search function is not the same as an override. I can search a lengthy list of profiled meds; the override was the removal of vecuronium instead of the ordered Versed that was, indeed, profiled.

[SolosGirl]

19 hours ago, Susie2310 said:

Surely the point is that the "override" function is to be used along with the Five Rights and other medication administration safety checks.

I was gonna say---"reading the label" is also another function that is to be used in medication administration safety checks.

[SolosGirl]

10 hours ago, rzyzzy said:

I had nine “rights” in nursing school, and there’s probably twenty or thirty “rights” now.

which “rights” are we talking about?

I don’t have any “rights” printed out on the back of my nursing license..

I didn’t take a “pledge” to adhere to “the xxx rights” of med administration to get my license..

is there a “rights” question on the NCLEX now that everyone gets?

what?

Are you actually a nurse? There are the Six Rights of Medication Administration. This is what we're talking about.

1. right route 2. right time 3. right patient 4. right medication 5. right dosage 6. right documentation

Patients have these rights for a reason. There is no "pledge" or "printed on the back of the nursing license".

This is NURSING 101.