Cameron Miranda
Nurses, like other medical professionals, can be held criminally liable for deaths resulting from intentional, or criminally negligent, careless practices. While nurses are typically not charged with crimes for medical errors, they can be indicted under criminal law for violating specific laws and regulations that affect nursing practice. These laws include public and private laws, with public laws regulating relationships with the government and institutions, and private laws governing relationships between private parties. Nurses can face criminal charges for medical errors that result in patient deaths, such as medication errors or neglect, and for violations of laws like HIPAA, which protects patient health information. Criminal law seeks to punish individuals for committing crimes, and nurses can be held accountable through licensure boards, civil lawsuits, and in rare cases, criminal charges.
| Characteristics | Values |
|---|---|
| Nurses are responsible for being aware of | Public and private laws that affect client care |
| Legal actions that can result when these laws are broken | |
| Criminal law | A system of laws concerned with punishment of individuals who commit crimes |
| Criminal law requires a jury to determine a defendant is guilty beyond reasonable doubt | |
| Criminal liability | Medical professionals can be criminally responsible for deaths resulting from intentional, or criminally negligent, careless practice |
| Criminal penalties | Jail time of up to ten years may be imposed for violations involving the use of PHI for personal gain or malicious intent |
| Criminal charges | Reckless homicide and impaired adult abuse |
| Criminally negligent homicide and gross neglect of an impaired adult | |
| Felony neglect and involuntary manslaughter | |
| Theft and drug diversion | |
| Assaultive or abusive conduct |
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What You'll Learn
Criminal negligence
Nurses have a responsibility to be aware of the laws and regulations affecting their nursing care in the states in which they practice. They can be held accountable for their actions or negligence through licensure boards, civil lawsuits, and in some cases, criminal charges. While nurses typically aren't charged with crimes for medical errors, it is important to note that criminal negligence laws vary by state, and the consequences can be severe.
In addition to medication errors, nurses can also face criminal negligence charges for other types of misconduct, such as fraud, stealing patient medication, or substituting medications. For instance, a nurse was charged with felony criminal negligence when she mistakenly hung a bag of epidural medication instead of intravenous penicillin, resulting in the death of a 16-year-old patient.
It is important to recognize that criminal negligence is distinct from civil negligence, as criminal law requires a jury to determine guilt beyond a reasonable doubt, whereas civil law requires only a certainty of guilt greater than 50%. Furthermore, criminal negligence can also extend beyond direct patient care, as nurses are legally obligated to report certain incidents or summon assistance in some states.
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Theft and misconduct
While nurses are typically not charged with crimes for medical errors, there have been instances where nurses have faced criminal charges for theft and misconduct. For example, a Licensed Practical Nurse (LPN) working for a hospice agency was imprisoned for stealing a patient's pain medication and replacing it with anti-seizure medication. The family of the patient asserted that the actions of the LPN prolonged their loved one's suffering. This case highlights the duty of nurses to report any observed or alleged theft by colleagues from patients, which presents complex legal and ethical implications.
The State Board of Nursing (SBON) is responsible for investigating reports of nursing misconduct and implementing consequences for nurses who violate the Nurse Practice Act. However, it is important to note that infractions do not generally impact nursing licensure unless there are multiple instances over a short period. Nevertheless, nurses can face criminal charges for theft, as evidenced by the LPN case mentioned earlier.
In addition to theft, misconduct by nurses can also lead to criminal charges, particularly when it results in patient harm. For example, in the case of RaDonda Vaught, a Nashville nurse was charged with reckless homicide and impaired adult abuse after a medication error led to the death of a 75-year-old patient. While this case is considered rare, it underscores the potential criminal consequences of nursing misconduct.
Nursing misconduct can have adverse outcomes for patients, their families, nurses themselves, and healthcare organizations. It can lead to critical threats to patient safety, psychological distress for patients and their families, financial costs, and reputational damage to the organization. As such, healthcare institutions, managers, and policymakers must adopt management strategies to minimize the rate of professional misconduct and maintain the highest professional standards.
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HIPAA violations
Nurses play a key role in protecting health information and patient privacy. HIPAA violations by nurses can have serious consequences, including disciplinary action, termination of employment, and criminal penalties in certain cases. HIPAA, or the Health Insurance Portability and Accountability Act, has two main sections: the Privacy Rule and the Security Rule. The Privacy Rule addresses the use and disclosure of individuals' health information, while the Security Rule sets national standards for protecting the confidentiality, integrity, and availability of electronically protected health information.
Nurses must ensure adequate education on HIPAA and stay aware of the potential risks of violating patient trust. Minor HIPAA violations can result in negative consequences, such as internal disciplinary action or additional training. However, more serious violations, even if committed without malicious intent, can lead to termination and punishment by the board of nursing. Termination for a HIPAA violation not only results in the loss of current employment but can also make it challenging for a nurse to find alternative employment.
HIPAA-covered entities may impose fines for violations, ranging from $100 for an individual violation to $1.5 million for organizational violations. Criminal penalties, including jail time of up to ten years, may be imposed for willful violations involving the use of PHI (Protected Health Information) for personal gain or malicious intent. Criminal prosecutions are rare, but theft of PHI for financial gain can result in up to ten years in prison.
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Criminal liability
While nurses are generally not charged with crimes for medical errors, there have been rare cases where nurses have faced criminal charges for their actions. For instance, in the case of RaDonda Vaught, a Nashville nurse was indicted on charges of reckless homicide and impaired adult abuse after a medication error led to the death of a 75-year-old woman. Vaught was found guilty of criminally negligent homicide and abuse of an impaired adult, resulting in potential jail time.
Nurses can also face criminal liability for other types of misconduct, such as stealing patient medication, violating patient privacy, or assaultive or abusive conduct. For example, an LPN working for a hospice agency was accused of stealing a patient's pain medication and served time in prison. Additionally, violations of HIPAA laws, which protect the confidentiality and integrity of patient information, can result in criminal penalties, including jail time.
It is important to note that criminal liability for nurses is relatively rare, and most medical errors are addressed through licensure boards or civil lawsuits. However, nurses can face criminal charges if their actions are deemed to be intentionally harmful or criminally negligent. In such cases, prosecutors and grand juries may pursue criminal charges if there is strong evidence of wrongdoing.
To summarise, criminal liability for nurses arises from actions that cause harm or death to patients, violate laws and regulations governing nursing practice, or involve other types of criminal misconduct. While criminal charges against nurses are uncommon, they can have serious consequences, including jail time and loss of nursing licensure. Therefore, it is essential for nurses to be aware of the legal implications of their actions and to prioritise patient safety in their practice.
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Licensure boards
In the context of criminal law, licensure boards have specific procedures in place to address instances of criminal conduct by nurses. For example, they may subpoena witnesses and evidence from other states to enforce administrative, civil, equitable, or criminal actions against a nurse's license. This can include actions such as revocation, suspension, probation, or monitoring of the nurse's practice.
Additionally, licensure boards consider the criminal history records of applicants for initial licenses. Fingerprints and other biometric information are often required to conduct thorough background checks, ensuring that individuals with a history of criminal behaviour are not granted licenses to practice.
While nurses are typically licensed by their state's board of nursing, some states have implemented a ""nurse licensure compact." This compact allows nurses to obtain a multistate license, authorizing them to practice in multiple states under the jurisdiction of the licensing boards and laws of the state where the patient is located.
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Frequently asked questions
Criminal law is a system of laws concerned with the punishment of individuals who commit crimes. A crime is a behaviour defined by Congress or state legislature.
Nurses can be indicted under criminal law if they are found to have committed a crime, such as medical errors or malpractice. Nurses can also face criminal charges for violating HIPAA laws, which protect the confidentiality and integrity of patient information.
In one case, a nurse was charged with felony neglect and involuntary manslaughter when her nursing home patient died after a fall. In another case, a nurse was indicted on charges of reckless homicide and impaired adult abuse after a medication error led to the death of a patient.
