Should RaDonda Vaught Have Her Nursing License Reinstated?

RaDonda Vaught is seeking reinstatement of her Tennessee (TN) nursing license after a fatal medication error in 2017.

Updated:  

RaDonda Vaught Seeking Reinstatement of Nursing License

TN state nursing board's 2021 decision to revoke her nursing license will be appealed in court on Tuesday, March 28. If the appeal is successful, she will face a retrial before the Tennessee Board of Nursing.

Nursing boards generally make decisions regarding the reinstatement of nursing licenses based on various factors, including the nature and severity of an offense, the rehabilitation efforts of the individual, and their ability to practice nursing safely and competently.

If RaDonda Vaught has completed the requirements (if any) and demonstrated that she could meet the standards of safe and competent nursing practice, then it may be possible for her to have her RN license reinstated. However, this decision ultimately rests with the state nursing board.

Background

Most of us recall the RaDonda Vaught case in 2017 because it involved a fatal medication error, and she was charged with reckless homicide for the mistake. The decision to prosecute her made history because it set a precedent for criminalizing medical errors.

On December 26, 2017,  RaDonda Vaught, a 35-year-old RN, worked as a "help-all" nurse at the Nashville, Tennessee-based Vanderbilt University Medical Center. She was sent to Radiology Services to administer VERSED (midazolam) to Charlene Murphey, a 75-year-old woman recovering from a brain injury and scheduled for a PET scan.

Charlene Murphey was experiencing anxiety, and her provider ordered Versed, a sedative,  to help her through the procedure. RaDonda entered the letters "ve" for Versed (the brand name) in the automated dispensing cabinet (ADC) search field.

No matches populated the screen under the patient's profile, so RaDonda used the ADC override function and again entered "ve," this time mistakenly selecting vecuronium.

Vecuronium is a neuromuscular blocking agent, and patients must be mechanically ventilated when administered vecuronium. RaDonda reconstituted the drug and administered what she thought was one mg of Versed.

Unaware of her mistake, RaDonda left the patient unmonitored and went on to her next help-all assignment in the ED to conduct a swallow test.

Charlene Murphey was discovered about 30 minutes later by a transporter who noticed she wasn't breathing. She had sustained an unwitnessed respiratory arrest and was pulseless. She was coded, intubated, and taken back to ICU but was brain-dead and died within twelve hours.

Charges and Convictions

Legal System

On February 4th, 2019, RaDonda was indicted and arrested on charges of reckless criminal homicide and impaired adult abuse.

On May 13, 2022, she was found guilty of criminally negligent homicide and gross neglect of an impaired adult, and sentenced to 3 years of supervised probation.

Board of Nursing

On September 27, 2019, the TN Department of Health (Nursing Board) reversed its previous decision not to pursue discipline against the nurse and charged RaDonda Vaught with:

  • unprofessional conduct,
  • abandoning or neglecting a patient, and
  • failing to document the error.

On July 23, 2021, at the BON disciplinary trial, the Tennessee (TN) Board of Nursing revoked RaDonda Vaught's professional nursing license indefinitely, fined her $3,000, and stipulated that she pay up to $60,000 in prosecution costs. 

Controversial

Many opposed RaDonda Vaught being charged with a crime, including the American Association of Critical Care Nurses (AACN), the Institute of Safe Medicine Practice (ISMP), and the American Nurses Association (ANA).

If nurses fear reporting their errors for fear of criminal charges, it discourages ethical principles of honesty.

But should RaDonda be allowed to practice nursing again?

The (ISMP) felt strongly that revoking her license was a travesty and that the severity of the outcome wrongly influenced the decision. Contributing system errors were minimized, and RaDonda Vaught became the scapegoat, while Vanderbilt escaped full notoriety.

The ISMP said RaDonda displayed human error and at-risk behaviors but not reckless behavior. She did not act with evil intent and is a second victim of a fatal error. In a Just Culture, discipline is not meted out for human error.

Do you think RaDonda Vaught should be allowed to practice nursing again, and why or why not?

Thank you for your thoughts!

Specializes in Dialysis.
ScorpianNurse said:

My prayer is for this situation to be revisited and possibly considered as a way to educate industry policymakers. 

There are no policy makers that had anything to do with her ignoring multiple safety warnings. I'm not sure what the meaning of your comment is

Specializes in Mental Health, Gerontology, Palliative.
ScorpianNurse said:

 

After reading the entire article, it appeared there are several severe situational differences with industry policymakers. My prayer is for this situation to be revisited and possibly considered as a way to educate industry policymakers. 

Huh?

Specializes in Serious Illness, EOL, Death Care, Final Dispo.

WARNING PARALYZING AGENT - patient died from paralytic suffocation while conscious

no - do not reinstate nursing license

Comprehensive timeline and links to documents including walk-in complaint to CMS and Radonda statement to Tennessee Bureau of Investigation

Specializes in Serious Illness, EOL, Death Care, Final Dispo.
Hoosier_RN said:

I'm not sure that she has that self realization. She certainly hasn't demonstrated that capability up to this point

yeop

Specializes in Serious Illness, EOL, Death Care, Final Dispo.
Been there,done that said:

RV is appealing the licensure revocation, based on a technicality. If she had any insight into her actions, she would KNOW she is not fit to provide patient care. 

 Three years  or probation is a slap on the wrist . She is making more money off of her notoriety , than she would ever make as a nurse. Book and movie to follow. 

book and movie !

Specializes in CRNA, Finally retired.
NurseGerard said:

book and movie !

And the conspiracy theorists will pop up to let us know how this woman of great skill and courage is being screwed by an unfair deep state.

Specializes in Nurse Attorney.
NurseGerard said:

book and movie !

Just as a point of information, professional licenses are not restored from revocation or surrender on "technicalities" - it doesn't work that way 

EdieBrous said:

Just as a point of information, professional licenses are not restored from revocation or surrender on "technicalities" - it doesn't work that way 

Her lawyer is arguing that the initial BON recommendation from 2018 represented a "quasi-judicial proceeding," and that the reversal by the BON was based on outside influence and not new evidence.  Based on this argument, he alleges that this is not a "technicality;" rather it constitutes is a violation of her 5th Amendment protection against double jeapordy.  

Specializes in Nurse Attorney.

That's not a technicality - it's a due process issue. It would have to be proven in court & courts tend to uphold administrative agencies. Even if the argument is successful,  it won't reinstate her. I do think it is curious that the board investigated the matter & closed the case without discipline,  then revoked after charges were filed but that in itself is not a "technicality" that would result in restoration of her license.  

Specializes in Nurse Attorney.
Nurse Beth said:

The reference was to having her license revoked

Nursing boards don't have criminal authority  

chare said:

Her lawyer is arguing that the initial BON recommendation from 2018 represented a "quasi-judicial proceeding," and that the reversal by the BON was based on outside influence and not new evidence.  Based on this argument, he alleges that this is not a "technicality;" rather it constitutes is a violation of her 5th Amendment protection against double jeapordy.  

 

Specializes in Nurse Attorney.

Double jeopardy & 5th amendment rights don't apply to regulatory agencies,  only to criminal proceedings  Those arguments make no sense.  Any lawyer making them has little or no experience before nursing boards  

Specializes in Case Management.
Hoosier_RN said:

It's very interesting..