(WSIL)---In 2017, RaDonda Vaught, a nurse at Vanderbilt University Medical Center, gave the wrong medication to a patient admitted for a brain injury.
That patient was declared brain dead by the time the error was discovered.
Two years later, Vaught was arrested, and was convicted last week of gross neglect of an impaired adult and negligent homicide.
The unfortunate reality of medicine is, medical mistakes are nothing new.
How the Tennessee court pursued Vaught's case, however, is out of the ordinary.
"We use our civil court system for negligence and malpractice. It is very rare to pursue negligence under the criminal law. In fact, many states don't even permit prosecutions for criminal negligence unless it permits to the negligent operation of a motor vehicle," said Chris Behen, a professor at the SIU School of Law.
Vaught reportedly admitted to her mistake following the patient's death, and worked with investigators willingly.
But those in the medical field worry that Vaught's fate could create a ripple effect through the medical community.
"It is quite possible that any nurse or physician who's engaged in some negligent act, I'm worried that those folks will be much slower to disclose, lest the disclosure results in criminal prosecution," said Dr. Marsha Ryan, a professor of both the SIU Schools of Medicine and Law.聽
Dr. Ryan is not alone in her thinking.
Nurses on Facebook have expressed their unease.
One said, quote, "Does she need to have consequences? Yes. Should she go to prison? No. It sets a terrible precedent for the future of nursing! It feels like yet another attack on the entire profession."
Another added, "I鈥檓 in healthcare in the physical therapy department and this verdict has me scared every second of the day I鈥檓 with a patient."
Dr. Ryan said a lot of progress has been made in the last few years in regards to malpractice, but fear could ruin that progress, as well as the potential for bringing new nurses into the field.
"It's rather a stunning setback, I think, for recruitment or retaining nurses," Ryan added.聽
As Vaught's sentencing date gets closer, Ryan said this decision could impact everyone in medicine.
"This doesn't just apply to nurses. It also applies to physicians, or physical therapists, or respiratory therapists, or anyone else who comes in contact with a patient during a hospital stay. So it's really quite, quite concerning," said Ryan.聽
Vaught faces 3 to 6 years in prison for neglect and 1 to 2 years for negligent homicide.
Her sentencing hearing is May 13th.
