Re: Here's a scarey article
From: Andrew Folley (agfolley@hotmail.com)
Fri Dec 8 14:02:02 2006
I wold think there would need to be other extenuating circumstances in play
for this to be a criminal case. For instance, if one were to find out the
nurse was having an affair with the patients husband.
Or the nurse was working for an organ harvesting company on the side. I
know, reading too many Robin Cook novels.
>From: "Richard Chudacoff, MD" <rchudacoff@mylinuxisp.com>
>Reply-To: ob-gyn-l@obgyn.net
>To: Multiple recipients of list OB-GYN-L <ob-gyn-l@dns.obgyn.net>
>Subject: RE: Here's a scarey article
>Date: Fri, 8 Dec 2006 14:57:13 -0600
>
>You said it much better an more eloquently than me
>
>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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