The Oklahoma Nurse - August 2022

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12 The Oklahoma Nurse August, September, October 2022 The Case of Nurse RaDonda...continued from page 11 • Sutton, Caroline, West, Emily, Davis, Chris; Trial of RaDonda Vaught: Jury to deliberate case starting Friday; March 25, 2022; https:// www.newschannel5.com/news/trial-ofradonda-vaught-former-vanderbilt-medicalcenter-nurse-continues-into-third-day • Kelman, Brett; Nurse Convicted of Neglect and Negligent Homicide for Fatal Drug Error; Nashville Tennessean; March 25, 2022; https://khn.org/news/article/radonda-vaughtnurse-drug-error-vanderbilt-guilty-verdict/ • Levine, Zachary, McClendon, Shannon; Statement in Response to the Conviction of Nurse RaDonda Vaught; American Nurses Association, March 25, 2022; https://www. nursingworld.org/news/news-releases/2022- news-releases/statement-in-response-to-theconviction-of-nurse-radonda-vaught/ • Timms, Mariah; Former Vanderbilt nurse RaDonda Vaught found guilty on 2 charges in 2017 death of patient; Nashville Tennessean; March 25, 2022; https://www.yahoo.com/ now/former-vanderbilt-nurse-radondavaught-184322536.html • Loller, Travis; Former nurse guilty of homicide in medication error death; Associated Press; March 25, 2022; https://kstp.com/associatedpress/ap-us-international/former-nurse-guiltyof-homicide-in-medication-error-death/ • Timms, Mariah; Ex-Nurse RaDonda Vaught found guilty on two charges in death of patient; Nashville Tennessean; March 29, 2022; https://currently.att.yahoo.com/att/exnurse-radonda-vaught-found-175845609.html • Kelman, Brett, Norman, Hannah; Why Nurses Are Raging and Quitting after the RaDonda Vaught Verdict; Kaiser Health; April 5, 2022; https://health.wusf.usf.edu/nprhealth/2022-04-05/why-nurses-are-ragingand-quitting-after-the-radonda-vaught-verdict Donna J. Craig, RN, JD is legal counsel to the ANA-Michigan Chapter and the Michigan Council of Nurse Practitioners. She practiced as a cardiac care nurse for several years before a chance opportunity to audit a graduate course in health care law and ethics changed her career path. That course propelled her to earn her law degree. After law school Ms. Craig joined a medical malpractice defense law firm before transitioning her focus to health care corporate and administrative law matters. For over 20 years she has maintained her private health law practice, representing health care providers and facilities in business, licensure and compliance matters. For her expertise and accomplishments, Detroit’s dbusiness Magazine awarded Ms. Craig its Top Lawyer in Health Care Law award on three occasions. Ms. Craig has the distinction and is proud of being a bar member of the Supreme Court of the United States of America. For more information about The Health Law Center, go to www.healthlawcenterplc.com. 1 Anonymous Complaint, page 1 of 3 pages at: https:// www.documentcloud.org/documents/6542003- CMS-Complaint-Intake.html 2 Corrective Action Plan by Vanderbilt, page 7 of 105 pages at: https://www.documentcloud.org/ documents/6535181-Vanderbilt-Corrective-Plan. html. 3 Id. 4 Id. 5 Id. 6 Corrective Action Plan by Vanderbilt, page 33 of 105 pages at: https://www.documentcloud.org/ documents/6535181-Vanderbilt-Corrective-Plan. html 7 Corrective Action Plan by Vanderbilt, page 8 of 105 pages at: https://www.documentcloud.org/ documents/6535181-Vanderbilt-Corrective-Plan. html 8 Id. 9 Amended County Medical Examiner Investigator’s Report, at: https://www.documentcloud.org/ documents/6540657-Charlene-Murphey-ME- Investigation.html 10 Report From the Anonymous Tipster at: https://www. documentcloud.org/documents/6542003-CMS- Complaint-Intake.html 11 Closing Letters From Tennessee Department of Health at: https://www.documentcloud.org/ documents/6785898-RaDonda-Vaught-Letters. html 12 Id. 13 Id. 14 Corrective Action Plan by Vanderbilt, page 9 of 105 pages at: https://www.documentcloud.org/ documents/6535181-Vanderbilt-Corrective-Plan. html 15 Id. 16 Prosecutorial Discovery Documents, page 5 of 51 pages at: https://www.documentcloud.org/ documents/6785652-RaDonda-Vaught-DA- Discovery.html 17 Prosecutorial Discovery Documents, page 6 of 51 at: https://www.documentcloud.org/ documents/6785652-RaDonda-Vaught-DA- Discovery.html 18 Corrective Action Plan by Vanderbilt, page 9 of 105 pages at: https://www.documentcloud.org/ documents/6535181-Vanderbilt-Corrective-Plan. html 19 Corrective Action Plan by Vanderbilt, page 10 of 105 pages at: https://www.documentcloud.org/ documents/6535181-Vanderbilt-Corrective-Plan. html 20 Id. 21 Id. 22 Id. 23 Id. 24 Id. 25 Corrective Action Plan by Vanderbilt, page 11 of 105 pages at: https://www.documentcloud.org/ documents/6535181-Vanderbilt-Corrective-Plan. html 26 Id. 27 Corrective Action Plan by Vanderbilt, page 12 of 105 pages at: https://www.documentcloud.org/ documents/6535181-Vanderbilt-Corrective-Plan. html 28 Corrective Action Plan by Vanderbilt, page 11 of 105 pages at: https://www.documentcloud.org/ documents/6535181-Vanderbilt-Corrective-Plan. html 29 Corrective Action Plan by Vanderbilt, page 25 of 105 pages at: https://www.documentcloud.org/ documents/6535181-Vanderbilt-Corrective-Plan. html 30 Corrective Action Plan by Vanderbilt, page 33 of 105 pages at: https://www.documentcloud.org/ documents/6535181-Vanderbilt-Corrective-Plan. html 31 Corrective Action Plan by Vanderbilt, page 35 of 105 pages at: https://www.documentcloud.org/ documents/6535181-Vanderbilt-Corrective-Plan. html 32 Corrective Action Plan by Vanderbilt, pages 1 – 105 at: https://www.documentcloud.org/ documents/6535181-Vanderbilt-Corrective-Plan. html 33 Licensing Charges Filed by the Board of Nursing at: https://www.documentcloud.org/ documents/6483588 -Vaught-RaDonda- NOC-9-27-19.html 34 xxxiv Id. 35 Kelman, Brett; Ex-Vanderbilt nurse RaDonda Vaught loses Nursing License for fatal drug error; Nashville Tennessean; July 23, 2021; https://www.tennessean.com/story/news/ health/2021/07/23/ex-vanderbilt-nurse-radondavaught-loses-license-fatal-error/8069185002/ 36 Id. 37 Id. 38 Fruen, Lauren; Inside the trial of ex-nurse RaDonda Vaught who ‘killed a patient by giving her the wrong drug; March 24, 2022; https://www. thesun.co.uk/news/18055626/nurse-radondavaught-trial-killed-patient/ 39 Id. 40 Sutton, Caroline, West, Emily, Davis, Chris; Trial of RaDonda Vaught: Jury to deliberate case starting Friday; March 25, 2022; https://www. newschannel5.com/news/trial-of-radondavaught-former-vanderbilt-medical-center-nursecontinues-into-third-day 41 Kelman, Brett; In nurse’s trial, witness says hospital bears ‘heavy’ responsibility for patient death; Kaiser Health News; March 24, 2022; https:// health.wusf.usf.edu/npr-health/2022-03-24/innurses-trial-witness-says-hospital-bears-heavyresponsibility-for-patient-death.
August, September, October 2022 The Oklahoma Nurse 13 Now for The Rest of the Story - The Sentencing of RaDonda Vaught On May 13th RaDonda Vaught, a former ICU nurse at Vanderbilt University Medical Center, was sentenced after being convicted of criminally negligent homicide and gross neglect of an impaired adult. Ms. Vaught lost her nursing license and was criminally prosecuted after she mistakenly administered the wrong medication to 75-year-old patient Charlene Murphey, resulting in her death. Ms. Vaught mistakenly gave Ms. Murphey vecuronium, a paralytic agent, instead of the ordered Versed, a sedative. Since the Vaught case has been the subject of discussion by nurses and nursing associations it is important that her sentencing be reported now. Hundreds of nurses from around the country were present in the courtroom, along with an overflow crowd outside the courthouse where they listened to the sentencing hearing over a public address system. Nurses came to Tennessee and gathered in support of Ms. Vaught and wore “Nurse Strong”, #IAmRaDonda”, and “Seeking Justice for Nurses and Patients in a BROKEN system” T-shirts to show their support. Before Judge Jennifer Smith handed down the sentence the prosecution and defense made sentencing arguments to the Judge. Ms. Vaught and the relatives of Charlene Murphey also addressed the court. The prosecution sought a prison term of 3 – 6 years, which was less than the 8 years Ms. Vaught was facing. Ms. Vaught’s attorney argued that probation, not jail time, was called for. Ms. Charlene Murphey’s son spoke of the toll his mother’s death has had on the family. He and his wife also said Charlene Murphey was a forgiving person and she wouldn’t have wanted jail time for Ms. Vaught. They told the judge that they personally “didn’t want jail time, we just wanted to make sure she didn’t do this to anyone else”. It is reported that Ms. Murphey’s husband wanted the maximum sentence possible. When Ms. Vaught was given an opportunity to speak before being sentenced, she spoke directly to the family. She told them “Saying I'm sorry doesn’t seem like enough but you deserve to hear that and know that I am very sorry for what happened. When Ms. Murphey died, a part of me died with her.” Before announcing the sentence, Judge Smith addressed the family, telling them, “My hope that changes in the practices and protocols in the medical setting that have arisen since this event may at least be some positive aspect that has arisen. I recognize however, that will never be enough to heal your wounds.” In announcing the sentence Judge Smith acknowledged that the criminal charges warranted three years of prison, but then went on to say RaDonda Vaught wouldn’t face jail time. Judge Smith sentenced Vaught to three years supervised probation and then diverted that sentence which would allow her record to be expunged after successfully completing the terms of her probation. Prosecutors had argued against diversion, although they were not opposed to probation. In weighing whether to grant Vaught judicial diversion, Judge Smith cited Vaught's remorse, this being her first criminal offense, as well as her honesty about her medication error. Donna J. Craig, RN, JD is legal counsel to the ANA-Michigan Chapter and the Michigan Council of Nurse Practitioners. She practiced as a cardiac care nurse for several years before a chance opportunity to audit a graduate course in health care law and ethics changed her career path. That course propelled her to earn her law degree. After law school Ms. Craig joined a medical malpractice defense law firm before transitioning her focus to health care corporate and administrative law matters. For over 20 years she has maintained her private health law practice, representing health care providers and facilities in business, licensure and compliance matters. For her expertise and accomplishments, Detroit’s dbusiness Magazine awarded Ms. Craig its Top Lawyer in Health Care Law award on three occasions. Ms. Craig has the distinction and is proud of being a bar member of the Supreme Court of the United States of America. For more information about The Health Law Center, go to www.healthlawcenterplc.com. EDUCATORS CORNER Aligning Aristotle and Knowles Aristotle, known as a great public speaker and educator, once said (kind of) that educators should know their audience. https://www.cnbc.com/2021/01/12/ aristotles-3-most-important-rules-for-being-more-persuasive-in-publicspeaking.html. What does our latest student nurse population look like? • 82% female and 18% male • 68.5% white, 10.7% black, 10.5% Asian, 8.2% Hispanic/Latino, 0.8% American Indian/Alaska Native • Average age 44 • 67% stay less than one year at their first job https://www.zippia.com/student-nurse-jobs/demographics/ Looking at the data, we realize that we have adult learners in a pedagogical setting. Malcolm Knowles is the Father of the Andragogical/Adult Learning Theory. Adapting what we teach could and frequently does look like: • Students need to know why specific areas are being taught – we need to emphasize the application. • Instruction should be application oriented instead of memorized — we need to provide learning activities that support areas studied. • Encourage adult learning and responsibility – identify an understood framework to demonstrate an area of learning when possible and allow students to fail and reflect when possible. • Understand the student population using a diverse architecture of experiences, learning materials, and activities to reinforce new information https://www.instructionaldesign.org/theories/andragogy/ Other ideas? Send in your thoughts on how we can help our students prepare for the future. Marla Peixotto-Smith, MSN, PhD, RN, CNE, is an Associate Professor & Coordinator of the RN2BSN Program at Rogers State University. Marla invites you to contribute to the “Educators Corner.” Please send your thoughts, experiences, or strategies to marlasmith@rsu.edu. Marla Peixotto- Smith Timms, Mariah, et al; RaDonda Vaught Sentenced to Three Years’ Probation on a Diverted Sentence, Could See Record Wiped; Nashville Tennessean; May 13, 2022; https://finance.yahoo.com/news/radonda-vaught-sentenced-threeyears-194115731.html?fr=sycsrp_catchall Loller, Travis; Ex-Nurse Sentenced to Probation in Patient Medication Death; Associated Press; May 13, 2022; https://apnews.com/article/health-homicide-tennesseenashville-1e196d4e4358a20141385494426cdbe7 Timms, Mariah, et al; RaDonda Vaught Sentenced to Three Years’ Probation on a Diverted Sentence, Could See Record Wiped; Nashville Tennessean; May 13, 2022; https://finance.yahoo.com/news/radonda-vaught-sentenced-threeyears-194115731.html?fr=sycsrp_catchall RaDonda Vaught Receives Three Years’ Probation on Diverted Sentence; USA Today, May 13, 2022; https://www.usatoday.com/story/news/crime/2022/05/13/ radonda-vaught-vanderbilt-nurse-sentencing-live-updates/9717397002/ Former Nurse RaDonda Vaught, Whose Medical Error Killed a Patient, Sentenced to Probation in Controversial Case; CBS News, May 13, 2022; https://www. cbsnews.com/news/radonda-vaught-sentencing-nurse-whose-medical-errorkilled-a-patient-sentenced-to-probation-in-controversial-case/ Id. PAM Health Specialty Hospital of Oklahoma City 1407 North Robinson Ave Oklahoma City, OK 73103 www.PAMHealth.com/jobs
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