Iowa Nurse Reporter - June 2022
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Page 16 • <strong>Iowa</strong> <strong>Nurse</strong> <strong>Reporter</strong> <strong>June</strong>, July, August <strong>2022</strong><br />
<strong>Nurse</strong> RaDonda Vaught continued from page 15<br />
16. Prosecutorial Discovery Documents, page 5 of 51 pages at:<br />
https://www.documentcloud.org/documents/6785652-<br />
RaDonda-Vaught-DA-Discovery.html<br />
17. Prosecutorial Discovery Documents, page 6 of 51 at: https://<br />
www.documentcloud.org/documents/6785652-RaDonda-<br />
Vaught-DA-Discovery.html<br />
18. Corrective Action Plan by Vanderbilt, page 9 of 105 pages<br />
at: https://www.documentcloud.org/documents/6535181-<br />
Vanderbilt-Corrective-Plan.html<br />
19. Corrective Action Plan by Vanderbilt, page 10 of 105 pages<br />
at: https://www.documentcloud.org/documents/6535181-<br />
Vanderbilt-Corrective-Plan.html<br />
20. Id.<br />
21. Id.<br />
22. Id.<br />
23. Id.<br />
24. Id.<br />
25. Corrective Action Plan by Vanderbilt, page 11 of 105 pages<br />
at: https://www.documentcloud.org/documents/6535181-<br />
Vanderbilt-Corrective-Plan.html<br />
26. Id.<br />
27. Corrective Action Plan by Vanderbilt, page 12 of 105 pages<br />
at: https://www.documentcloud.org/documents/6535181-<br />
Vanderbilt-Corrective-Plan.html<br />
28. Corrective Action Plan by Vanderbilt, page 11 of 105 pages<br />
at: https://www.documentcloud.org/documents/6535181-<br />
Vanderbilt-Corrective-Plan.html<br />
29. Corrective Action Plan by Vanderbilt, page 25 of 105 pages<br />
at: https://www.documentcloud.org/documents/6535181-<br />
Vanderbilt-Corrective-Plan.html<br />
30. Corrective Action Plan by Vanderbilt, page 33 of 105 pages<br />
at: https://www.documentcloud.org/documents/6535181-<br />
Vanderbilt-Corrective-Plan.html<br />
31. Corrective Action Plan by Vanderbilt, page 35 of 105 pages<br />
at: https://www.documentcloud.org/documents/6535181-<br />
Vanderbilt-Corrective-Plan.html<br />
32. Corrective Action Plan by Vanderbilt, pages 1 – 105 at:<br />
https://www.documentcloud.org/documents/6535181-<br />
Vanderbilt-Corrective-Plan.html<br />
33. Licensing Charges Filed by the Board of Nursing at: https://<br />
www.documentcloud.org/documents/6483588-Vaught-<br />
RaDonda-NOC-9-27-19.html<br />
34. xxxiv Id.<br />
35. Kelman, Brett; Ex-Vanderbilt nurse RaDonda Vaught loses<br />
Nursing License for fatal drug error; Nashville Tennessean;<br />
July 23, 2021; https://www.tennessean.com/story/news/<br />
health/2021/07/23/ex-vanderbilt-nurse-radonda-vaughtloses-license-fatal-error/8069185002/<br />
36. Id.<br />
37. Id.<br />
38. Fruen, Lauren; Inside the trial of ex-nurse RaDonda Vaught<br />
who ‘killed a patient by giving her the wrong drug; March<br />
24, <strong>2022</strong>; https://www.thesun.co.uk/news/18055626/nurseradonda-vaught-trial-killed-patient/<br />
39. Id.<br />
40. Sutton, Caroline, West, Emily, Davis, Chris; Trial of RaDonda<br />
Vaught: Jury to deliberate case starting Friday; March 25,<br />
<strong>2022</strong>; https://www.newschannel5.com/news/trial-ofradonda-vaught-former-vanderbilt-medical-center-nursecontinues-into-third-day<br />
41. Kelman, Brett; In nurse’s trial, witness says hospital bears<br />
‘heavy’ responsibility for patient death; Kaiser Health<br />
News; March 24, <strong>2022</strong>; https://health.wusf.usf.edu/nprhealth/<strong>2022</strong>-03-24/in-nurses-trial-witness-says-hospitalbears-heavy-responsibility-for-patient-death.<br />
Now for The Rest of the Story:<br />
The Sentencing of RaDonda Vaught<br />
On May 13th RaDonda Vaught, a former ICU nurse<br />
at Vanderbilt University Medical Center, was sentenced<br />
after being convicted of criminally negligent homicide<br />
and gross neglect of an impaired adult. Ms. Vaught<br />
lost her nursing license and was criminally prosecuted<br />
after she mistakenly administered the wrong medication<br />
to 75-year-old patient Charlene Murphey, resulting in<br />
her death. Ms. Vaught mistakenly gave Ms. Murphey<br />
vecuronium, a paralytic agent, instead of the ordered<br />
Versed, a sedative. Since the Vaught case has been the<br />
subject of discussion by nurses and nursing associations<br />
it is important that her sentencing be reported now.<br />
Hundreds of nurses from around the country were<br />
present in the courtroom, along with an overflow<br />
crowd outside the courthouse where they listened to<br />
the sentencing hearing over a public address system.<br />
<strong>Nurse</strong>s came to Tennessee and gathered in support of<br />
Ms. Vaught and wore “<strong>Nurse</strong> Strong,” #IAmRaDonda,”<br />
and “Seeking Justice for <strong>Nurse</strong>s and Patients in a<br />
BROKEN system” T-shirts to show their support.<br />
Before Judge Jennifer Smith handed down the<br />
sentence the prosecution and defense made sentencing<br />
arguments to the Judge. Ms. Vaught and the relatives<br />
of Charlene Murphey also addressed the court. The<br />
prosecution sought a prison term of three to six years,<br />
which was less than the eight years Ms. Vaught was<br />
facing. Ms. Vaught’s attorney argued that probation,<br />
not jail time, was called for.<br />
Ms. Charlene Murphey’s son spoke of the toll his<br />
mother’s death has had on the family. He and his wife<br />
also said Charlene Murphey was a forgiving person and<br />
she wouldn’t have wanted jail time for Ms. Vaught.<br />
They told the judge that they personally “didn’t want<br />
jail time, we just wanted to make sure she didn’t do<br />
this to anyone else.” It is reported that Ms. Murphey’s<br />
husband wanted the maximum sentence possible.<br />
When Ms. Vaught was given an opportunity to<br />
speak before being sentenced, she spoke directly to the<br />
family. She told them “Saying I’m sorry doesn’t seem<br />
like enough but you deserve to hear that and know<br />
that I am very sorry for what happened.” “When Ms.<br />
Murphey died, a part of me died with her.”<br />
Before announcing the sentence, Judge Smith<br />
addressed the family, telling them, “My hope that<br />
changes in the practices and protocols in the medical<br />
setting that have arisen since this event may at least be<br />
some positive aspect that has arisen. I recognize however,<br />
that will never be enough to heal your wounds.”<br />
In announcing the sentence Judge Smith<br />
acknowledged that the criminal charges warranted<br />
three years of prison, but then went on to say RaDonda<br />
Vaught wouldn’t face jail time. Judge Smith sentenced<br />
Vaught to three years supervised probation and<br />
then diverted that sentence which would allow her<br />
record to be expunged after successfully completing<br />
the terms of her probation. Prosecutors had argued<br />
against diversion, although they were not opposed<br />
to probation. In weighing whether to grant Vaught<br />
judicial diversion, Judge Smith cited Vaught’s remorse,<br />
this being her first criminal offense, as well as her<br />
honesty about her medication error.<br />
Donna J. Craig, RN, JD is legal counsel to the ANA-<br />
Michigan Chapter and the Michigan Council of <strong>Nurse</strong><br />
Practitioners. She practiced as a cardiac care nurse<br />
for several years before a chance opportunity to<br />
audit a graduate course in health care law and ethics<br />
changed her career path. That course propelled her<br />
to earn her law degree. After law school Ms. Craig<br />
joined a medical malpractice defense law firm before<br />
transitioning her focus to health care corporate<br />
and administrative law matters. For over 20 years<br />
she has maintained her private health law practice,<br />
representing health care providers and facilities in<br />
business, licensure and compliance matters. For her<br />
expertise and accomplishments, Detroit’s dbusiness<br />
Magazine awarded Ms. Craig its Top Lawyer in Health<br />
Care Law award on three occasions. Ms. Craig has the<br />
distinction and is proud of being a bar member of the<br />
Supreme Court of the United States of America. For<br />
more information about The Health Law Center, go to<br />
www.healthlawcenterplc.com.<br />
1. Timms, Mariah, et al; RaDonda Vaught Sentenced to<br />
Three Years’ Probation on a Diverted Sentence, Could<br />
See Record Wiped; Nashville Tennessean; May 13,<br />
<strong>2022</strong>; https://finance.yahoo.com/news/radonda-vaughtsentenced-three-years-194115731.html?fr=sycsrp_<br />
catchall<br />
2. Loller, Travis; Ex-<strong>Nurse</strong> Sentenced to Probation in Patient<br />
Medication Death; Associated Press; May 13, <strong>2022</strong>;<br />
https://apnews.com/article/health-homicide-tennesseenashville-1e196d4e4358a20141385494426cdbe7<br />
3. Timms, Mariah, et al; RaDonda Vaught Sentenced to<br />
Three Years’ Probation on a Diverted Sentence, Could<br />
See Record Wiped; Nashville Tennessean; May 13,<br />
<strong>2022</strong>; https://finance.yahoo.com/news/radonda-vaughtsentenced-three-years-194115731.html?fr=sycsrp_<br />
catchall<br />
4. RaDonda Vaught Receives Three Years’ Probation on<br />
Diverted Sentence; USA Today, May 13, <strong>2022</strong>; https://<br />
www.usatoday.com/story/news/crime/<strong>2022</strong>/05/13/<br />
radonda-vaught-vanderbilt-nurse-sentencing-liveupdates/9717397002/<br />
5. Former <strong>Nurse</strong> RaDonda Vaught, Whose Medical Error<br />
Killed a Patient, Sentenced to Probation in Controversial<br />
Case; CBS News, May 13, <strong>2022</strong>; https://www.cbsnews.<br />
com/news/radonda-vaught-sentencing-nurse-whosemedical-error-killed-a-patient-sentenced-to-probationin-controversial-case/<br />
6. Id.<br />
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