Nurse convicted of neglect and negligent murder for deadly drug error

RaDonda Vaught, a former nurse criminally prosecuted for a deadly drug error in 2017, was convicted of gross neglect of an impaired grownup and negligent murder Friday after a three-day trial that gripped nurses throughout the nation.

Vaught faces three to 6 years in jail for neglect and one to 2 years for negligent murder as a defendant with no prior convictions, in line with sentencing pointers offered by the Nashville district lawyer’s workplace. Vaught is scheduled to be sentenced Might 13, and her sentences are prone to run concurrently, stated DA spokesperson Steve Hayslip.

Vaught was acquitted of reckless murder. Criminally negligent murder was a lesser cost included beneath reckless murder.

Vaught’s trial has been carefully watched by nurses and medical professionals throughout the nation, lots of whom fear it might set a precedent of criminalizing medical errors. Medical errors are usually dealt with by skilled licensing boards or civil courts, and prison prosecutions like Vaught’s case are exceedingly uncommon.

Janie Harvey Garner, the founding father of Present Me Your Stethoscope, a Fb nursing group with greater than 600,000 members, nervous the conviction would have a chilling impact on nurses disclosing their very own errors or near-errors, which might have a detrimental impact on the standard of affected person care.

“Well being care simply modified endlessly,” she stated after the decision. “You possibly can now not belief folks to inform the reality as a result of they are going to be incriminating themselves.”

Vaught, 38, of Bethpage, Tennessee, was arrested in 2019 and charged with reckless murder and gross neglect of an impaired grownup in reference to the killing of Charlene Murphey, who died at Vanderbilt College Medical Heart in late December 2017. The neglect cost stemmed from allegations that Vaught didn’t correctly monitor Murphey after she was injected with the flawed drug.

Murphey, 75, of Gallatin, Tennessee, was admitted to Vanderbilt for a mind harm. On the time of the error, her situation was bettering, and she or he was being ready for discharge from the hospital, in line with courtroom testimony and a federal investigation report. Murphey was prescribed a sedative, Versed, to calm her earlier than being scanned in a big, MRI-like machine.

Vaught was tasked to retrieve Versed from a computerized medicine cupboard however as an alternative grabbed a robust paralyzer, vecuronium. In line with an investigation report filed in her court docket case, the nurse neglected a number of warning indicators as she withdrew the flawed drug — together with that Versed is a liquid however vecuronium is a powder — after which injected Murphey and left her to be scanned. By the point the error was found, Murphey was brain-dead.

Throughout the trial, prosecutors painted Vaught as an irresponsible and uncaring nurse who ignored her coaching and deserted her affected person. Assistant District Lawyer Chad Jackson likened Vaught to a drunken driver who killed a bystander, however stated the nurse was “worse” as a result of it was as if she was “driving with [her] eyes closed.”

“The immutable truth of this case is that Charlene Murphey is useless as a result of RaDonda Vaught couldn’t trouble to concentrate to what she was doing,” Jackson stated.

Vaught’s lawyer, Peter Strianse, argued that his consumer made an sincere mistake that didn’t represent against the law and have become a “scapegoat” for systemic issues associated to medicine cupboards at Vanderbilt College Medical Heart in 2017.

However Vanderbilt officers countered on the stand. Terry Bosen, Vanderbilt’s pharmacy medicine security officer, testified that the hospital had some technical issues with medicine cupboards in 2017 however that they have been resolved weeks earlier than Vaught pulled the flawed drug for Murphey.

In his closing assertion, Strianse focused the reckless murder cost, arguing that his consumer couldn’t have “recklessly” disregarded warning indicators if she earnestly believed she had the best drug and saying that there was “appreciable debate” over whether or not vecuronium truly killed Murphey.

Throughout the trial, Dr. Eli Zimmerman, a Vanderbilt neurologist, testified it was “within the realm of chance” Murphey’s demise was triggered solely by her mind harm. Moreover, Davidson County Chief Medical Examiner Feng Li testified that though he decided Murphey died from vecuronium, he could not confirm how a lot of the drug she truly obtained. Li stated a small dose could not have been deadly.

“I do not imply to be facetious,” Strianse stated of the medical expert’s testimony, “nevertheless it kind of appeared like some beginner ‘CSI’ episode — solely with out the science.”

Vaught didn’t testify. On the second day of the trial, prosecutors performed an audio recording of Vaught’s interview with regulation enforcement officers during which she admitted to the drug error and stated she “most likely simply killed a affected person.”

Throughout a separate continuing earlier than the Tennessee Board of Nursing final 12 months, Vaught testified that she allowed herself to develop into “complacent” and “distracted” whereas utilizing the medicine cupboard and didn’t double-check which drug she had withdrawn regardless of a number of alternatives.

“I do know the rationale this affected person is now not right here is due to me,” Vaught advised the nursing board, beginning to cry. “There gained’t ever be a day that goes by that I don’t take into consideration what I did.”

Kaiser Health NewsThis text was reprinted from khn.org with permission from the Henry J. Kaiser Household Basis. Kaiser Well being Information, an editorially unbiased information service, is a program of the Kaiser Household Basis, a nonpartisan well being care coverage analysis group unaffiliated with Kaiser Permanente.

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