Doctors fear criminalization of medical mistakes

Physicians say criminal charges for mistakes will thwart patient safety measures. But some legal experts say it's a way to root out harmful errors.

By Amy Lynn Sorrel, AMNews staff. Nov. 27, 2006.

A Wisconsin case criminally charging a nurse after an error is the latest in a trend that could drive doctors away from the practice of medicine or interfere with patient treatment and safety, physicians say.

The Wisconsin attorney general on Nov. 2 charged Julie Thao, RN, with criminal negligence after the wrong medication was administered to 16-year-old Jasmine Gant. The girl died after the July incident.

Wisconsin physician and hospital leaders agree the event was an unintentional mistake. But the state complaint says Thao's "failure to provide adequate medical care" and "gross breach of medical protocol ... created a significant danger ... and caused great bodily harm to Jasmine Gant." If convicted, Thao faces up to $25,000 in fines, six years in prison or both.

Medical and legal experts say this type of case is extremely rare and possibly unprecedented in the state. But it is the third case in four months involving criminal proceedings against medical professionals.

An Illinois emergency department may be charged with involuntary manslaughter after a heart attack patient died after waiting two hours to be treated. And, although the case involved questions about care provided rather than a mistake, a doctor and two nurses in Louisiana were arrested in July for allegedly murdering patients with lethal doses of pain drugs in Hurricane Katrina's aftermath.

Doctors worry that a threat of being charged with a crime for a medical error, or for something they did while trying their best to treat a patient, will affect treatment decisions and hinder improvements in care.