--
Richard Chudacoff, MD, FACOG
_____
From: ob-gyn-l@obgyn.net [mailto:ob-gyn-l@obgyn.net] On Behalf Of Kim Elise
Goldman
Sent: Friday, December 08, 2006 2:47 PM
To: Multiple recipients of list OB-GYN-L
Subject: Re: Here's a scarey article
Negligence is a legal term. It is defined as delivering care that is BELOW
the standard of care. It does not in and of itself imply criminality.
The single most common anesthesia mishap is a "syringe swap". Although in
this case it was bags rather than syringes, this IS a syringe swap. If this
is criminal, there will rapidly be no anesthesiologists practicing. No
anesthesia = no surgery for all intents and purposes and medical care comes
to a grinding halt and moves backwards several centuries. Now people will
die because there is no one to provide anesthesia for surgery or life saving
surgery.
I'm not defending the nurse's actions. I'm not saying that she shouldn't
have followed protocol or be subject to malpractice trial but what, really,
is served by making this a criminal case?
1. The patient will not be helped
2. The patient's family will not be helped nor provided for
3. If this is upheld there is likely to be a very swift shortage of doctors,
nurses and other healthcare providers available
4. Some attorneys may make some money although not much since, as everyone
pointed out, malpractice insurance does not cover criminal acts
Just my rambling thoughts on a very sad situation.
Kim
On Dec 8, 2006, at 3:26 PM, Rafael Haciski wrote:
I totally agree that she may have been negligent in her procedures.
However, what concerns me is that very fine line between malpractice and
criminality.
How and when is it decided that it was crossed over, what are the
parameters, etc. Because the ramifications are dire.
Rafael Haciski MD FACOG
Jacksonville Beach, FL.
On Dec 8, 2006, at 3:14 PM, acmidwife@aim.com wrote:
This story is rough. I cannot help but agree with the statement below. This
nurse completely ignored protocal. Nurses are held responsible for not
catching the mistakes MD's make when giving orders. They are the "last line
of defense" for the patient and are responsible for safe guarding them.
Everyone makes mistakes. Some of them are more disasterous than others. In
some instances, it would be more understandable.... to overlook something
happening. In this instance, the hospital was equipped with several
safeguards (as all are) even down to computer technology scanning to tell
you if you had the correct med. She failed to utilize the standard system
that would have caught the mistake. She failed to read the label on the bag
and check it against the orders (which she did not have)..... this is a
classic case of getting too comfortable handling other people's lives. I
agree... if it had been her daughter, she probaly would have checked a
little more carefully.
It is a good reminder to the rest of us to practice excellence and not take
shortcuts just b/c of time or b/c we "Know" or have done it a million times.
This case could have huge consequences for the medical community. Maybe it
should. How many people die every year b/c of "mistakes" like this? No,
there is not intent to cause harm. Yes, there is negligence. She was
negligent.
ac mase CNM
-----Original Message-----
From: dr_naseemahmad@yahoo.com
To: ob-gyn-l@dns.obgyn.net
Sent: Fri, 8 Dec 2006 1:40 PM
Subject: Re: Here's a scarey article
It is very easy to say that it was a mistake but this mistake by an
experienced nurse cost someone her life. Didnt the nurse know that
every injection particularly the i/v injection has to be first checked
especially if came out from a bunch of other injections that contained
lethal stuff. This was complete disregard of the significance of a
precious life. I am certain had the recepient been her own daughter she
would have certainly checked it more than once but when it comes to
other persons life and if your care becomes half hearted you have
committed an offence.It cannot be forgiven at the expense of the
insurance company. I am afraid precedents have to be set sometimes when
the innocent people lose their lives because the caregivers are
incompetent and careless
At Fri, 8 Dec 2006, Rafael Haciski wrote:
>
>That indeed is scary - I do not understand on what legal grounds they
>are basing their criminal charge. I think this is extremely
>irresponsible on the part of the AG (or the DA) to set such
>precedent. Being cynical I would think he/she is trying to garner
>votes for some election.
>
>Tragic, unfortunate, probably preventable mistake, but that is what
>it is, a mistake: carelessness, inattention etc. That is why we have
>oversight boards, civil penalties, malpractice insurance etc. Mind
>you, if this becomes a criminal suit, then malpractice insurance does
>not cover it at all.
>
>If I mistakenly puncture the aorta during laparoscopy, does that make
>it a criminal act?
>
>--
>Rafael Haciski MD FACOG
>Jacksonville Beach, FL.
>
>On Dec 7, 2006, at 4:55 PM, Anna Meenan, MD wrote:
>
>> Check this out:
>>
>> http://hosted.ap.org/dynamic/stories/W/WI_NURSE_CHARGED_WIOL-?
>> SITE=WIMIL&SECTION=STATE&TEMPLATEÞFAULT
>>
>> Anna Meenan, MD
>>
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