For more than three years, I have been providing you with updates on RaDonda Vaught, a Nashville nurse, who made a medical mistake and ended up not only losing her nursing license but having to face trial for criminal charges and was found guilty. Here is the latest in her troubled journey.
Last Friday, May 13, 2022, Ms. Vaught was sentenced for a fatal medication error in which she erroneously administered Vecuronium instead of Versed to a patient suffering from claustrophobia and about to undergo a CAT scan. She was found guilty by a jury of criminally negligent homicide and abuse of an impaired adult.
I felt the Judge was very deferential in her treatment. In a sentencing hearing, one hears testimony from both sides as to aggravating and mitigating factors. Even the victim’s family testified that they did not want Ms. Vaught to serve time in prison.
It seemed that everything was on her side except for the prosecutors who felt her sentence should be exacerbated because of her conduct.
The Judge did not agree but was able to impose what is called diversion in which she gave Ms. Vaught three years of supervised probation, no prison time. If she successfully completes her probation, then her sentence will be dismissed or possibly even expunged from all records, just as if this conviction never happened at all.
This is a great result, but I think that everything Ms. Vaught endured to get to this point has been horrendous for her. She will have to always live with the fact that her Registered Nurse license was revoked and, more personally, that her care and treatment resulted in the death of a patient.
Elsewhere, 2 other criminal cases recently came to light. The first is Dr. William Husel of Columbus, Ohio who confessed to giving 10 times the legal dose of fentanyl to 14 critically ill patients, all who died as a result. Dr. Husel was acquitted on all counts.
In the second, Christann Gainey, LPN, was taking care of Herbert R. McMaster, Sr., who struck his head in a nursing home and subsequently died hours later due to a subdural hematoma. Ms. Gainey was required by hospital policy to perform neurochecks and vital signs on Mr. McMaster after the fall. She documented that she did the checks, but camera footage showed that she never entered the patient’s room.
Ms. Gainey pled guilty to this offense which was an intentional act because she did falsify the medical records.
I believe this case was different than Ms. Vaught who made an unintentional medication error. Albeit serious, it is still my position that Ms. Vaught should not have been charged criminally. Unfortunately, prosecutors have discretion, and, in my opinion, the prosecutor just wanted to make a name for himself.
It was sad that Ms. Vaught, who inadvertently made a medication error, was convicted of a crime while in the matters of Dr. Husel and Ms. Gainey, their actions were intentional and not errors.
Anne Llewellyn says
Thanks Lori. An important wake up call to all nurses as to the important role we all play- LPNs, RNs, NOs and even nursing aids. Healthcare is in a disruptive state and we all need to remember the basics of our training. We can’t take shortcuts or ignore warning signs. They are intrusive but they are the safeguards we have in place to avoid medical errors.
i pray RaDonda’s mistake raises our level of awareness as to how dangerous our work in and causes us to use our voices in the workplace when patients as well as our safety is jeopardized.
Observing says
A public hearing , exposing her entire personal life was not necessary . Over the top . Blame, shame, game .
probation, just a crutch to show they did something . Radonda has to pay for that . What is the probation officer going to show up , “did you give anyone the wrong medication this week?” She doesn’t have a license .
Does she get uds , curfew , mandatory work ?(good luck with that with the data bank she will have a hard time finding work in any field. )
The BON needs direct supervision, they went from dismiss to revoke . Think it’s not political ? Saving hospitals is what they do .
CONGRATULATIONS TO EVAN !! Hope he can make changes for nurses . The profession needs attys who fight for them . ! Every nursing cases should be televised , nurses would be shocked to see the corruption .
AZ BON is inconsistent says
Cases way worse than Radonda’s . (azna- crickets !)
https://medicalmalpracticelawyers.com/arizona-crna-not-disciplined-after-two-dental-deaths/
TWO patient Deaths , same nurse, and AZ BON gives a LOC , But the remark by BD member Angela Fountain, is chilling “Mr Richmond you have been through so much’ WTH!!!
https://www.abc15.com/news/local-news/investigations/lawsuits-filed-against-arizona-nurse-anesthetist-after-two-dental-deaths
the public would never know if law suits weren’t filed. and reporter picked them up . TY Dave@abc15.com
Dawn Hanna says
First of all congratulations on your son. You are a very lucky mamma.😃. Also thabk you again for assisting my case years ago. Keep up the great work your doing for us nursres.
LORIE A BROWN, R.N., M.N., J.D. says
Thanks! Great to hear from you.
Linda says
I think Daronda’s is making a lot of people rethink their nursing careers. Wages are starting to drop now that covid has lessened. My attorney advised me to be very careful with agency and travel contracts saying people, staff, co-workers, and facilities are placing blame on agency and travels to avoid being held accountable for their own mistakes. He said he is getting calls every day from nurses who are being used as scape goats for errors made by facility staff. That is scary. Often times as an agency or traveler you have no one to back you up when something goes wrong and it is not your fault. There seems to continue to be an explosion of dark skinned workers in healthcare now. They get away with murder as facilities won’t discipline them for fear of being sued. Light skinned workers are being openly discriminated against frequently by facilities.
Peary Brown says
Radonda will remain in many eyes as a tower of strength and in spite of her odd error she inadvertently showed all nurses where the pricks are located. Her case is an.unbelievable journey through total reasons on why not to be a nurse.. great article..
Tina Baxter says
@Linda are you referring to foreign workers? I agree that often agency, students and non facility staff are often scapegoated. This is why you document everything. I don’t think dark or light skin has anything to do with it.