Can nurses go to prison for accidently killing a patient?

Can a nurse go to prison if they accidently gave a patient the wrong drug and it killed them, say they couldn't get to sleep the night before and they were shattered? Its manslaughter in a way isn't it? Then again at the end of the day its just a mistake in a job where you dedicate your life to helping people.

Ive applied for nursing but am worried about making mistakes like this since a lot of time i only get 2 hours sleep through not being able to sleep.

Reply 1

chigz32

15

Depends on the degree of their negligence.

Reply 2

Diaz89

3

In this country? never. Well maybe one of those "open" walk in prisons.

Reply 3

secretmessages

18

Yes, I think, for negligence. Although this article details a case that was settled in Germany (although it happened in the UK), I believe (hope!) the same rules apply, and you can be prosecuted for it (please, someone correct me if I'm wrong). Here's one for the UK, although slightly different to overdose/wrong drug.

I don't want to put you off nursing, but to be honest a mistake like that isn't just "oops". Just because it's a job where you save lives every day, doesn't mean it's any less important or serious if you accidentally kill somebody. I would strongly advise you that if you don't think you can do the job properly, then don't go into nursing, because no matter how many lives you save would not justify the manslaughter of another. Maybe see your GP about not being able to sleep, that might help!

Reply 4

2kuayyaz

Nah they re above the law.

Reply 5

Xylophone Sodomy

My mother's a nurse, and I did a shadow day thing where she works. I got the impression that the bigtime drugs are usually under lock and key, and there's redundant paperwork to sign things out. So, yeah, you could still make a mistake, but they do have systems to try to prevent accidents. (In Canada at least)

Reply 6

Craig_D

17

Air traffic controllers can be charged for manslaughter if people die due to their negligence (or murder if it was intentional), so I don't see why not. It's a similar principle.

Reply 7

amyamy

11

if your doing the job properly, ALL drugs are double checked by another nurse and 2 people sign for them so that you can be sure that they are correct, and controlled drugs such as morphine etc are kept locked up and are signed out as well as checked by another nurse.

but maybe you should see someone about figuring out why you're not sleeping well :smile:

Reply 8

generalebriety

16

secretmessages

no matter how many lives you save would not justify the manslaughter of another.

Can of worms? :wink:

Reply 9

StressPuppy

8

It might be worth remembering that negligence is when you take an action (or fail to take an action) that you know should (or should not not) be taken. This can occur in any walk of life, although a nursing situation potentially has more direct consequences... if you believe you are likely to become negligent through lack of sleep, then maybe a career with less... um ... potential for mistakes might be worth considering? Have you spoken to your GP about this? He/she should be able to help further if your life is affected to such a degree?
HTH! SP :smile:

Reply 10

Helenia

20

It would totally depend on the situation. With a lot of IV drugs (theoretically more dangerous) many hospitals have a policy that they have to be checked with the prescription by two nurses in order to reduce errors. If you had not done this, there would be a lot more trouble than if you had and someone else had not spotted the mistake. It would be very very hard to send you to prison, but it is quite easy for a nurse to lose their registration if something like this happened more than once.

Reply 11

Good bloke

19

Helenia

It would be very very hard to send you to prison, but it is quite easy for a nurse to lose their registration if something like this happened more than once.

Not that hard:

http://www.telegraph.co.uk/news/uknews/4840066/Nurse-admits-manslaughter-after-Alzheimers-victim-dies-of-broken-neck.html

http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1118964/

Reply 12

Tsukuyomi

15

depends how negligent youve been, if found guilty youll get gross negligence manslaughter

Reply 13

Lazuliblue

12

If you join one of the Nurse's unions, (which only costs a few pounds a year), it means ifd anything like that did happen, they will fund your legal representation.

Also, watch Holby City; at the moment there's a storyline where a nurse accidentally switched drugs between two patients and one of them died. When she gets caught, see what happens. Then you may find your answer. Even though its a fictional story. But that's not the point...its meant to reflect real life :biggrin:

Reply 14

GapYearGirl

7

If this is something that you genuinely think could happen then I can't believe that you are actually considering becoming a nurse. You need to get help for your sleeping problems or find a career where it won't put lives in danger!

Reply 15

Riddy

OP

GapYearGirl

If this is something that you genuinely think could happen then I can't believe that you are actually considering becoming a nurse. You need to get help for your sleeping problems or find a career where it won't put lives in danger!

well Im always thinking negatively and people say I should have more confidence in myself so who do I listen to? Me or them.. If I had my way Id not work at all but society looks down on that don't they nursing (mental health) is the thing I feel I would like but Ive worked on mental health wards although I enjoy the excitement and rewards of it in a way Im so dopy and slow to think. My family (which consists of a few nurses) say im thinking up excuses so I won't have to start the training and work but I am really concerned about making mistakes with drugs and all these procedures that have to be followed.

Reply 16

GapYearGirl

7

Riddy

well Im always thinking negatively and people say I should have more confidence in myself so who do I listen to? Me or them.. If I had my way Id not work at all but society looks down on that don't they nursing (mental health) is the thing I feel I would like but Ive worked on mental health wards although I enjoy the excitement and rewards of it in a way Im so dopy and slow to think. My family (which consists of a few nurses) say im thinking up excuses so I won't have to start the training and work but I am really concerned about making mistakes with drugs and all these procedures that have to be followed.

I wasn't saying not to have confidence in yourself, or to think negatively, just that if you have doubts about your ability as a nurse then you should perhaps consider another career. Nursing is a caring profession, and part of caring is putting other people's needs before your own.
For most of my life I dreamt of being a midwife, I got a place to study it for this September but I was diagnosed with ME. The university left it to me to decide and so I could've just started the course anyway, but I knew that my tiredness and other symptoms would affect my work and I did not want to put anyone's life at risk through my own desire to be a midwife. I was devastated having to give up my place but I did the right thing. It's not about whether or not I'd go to prison, it's about the fact that I care about other people and would therefore not want to hurt or kill someone.

Reply 17

Helenia

20

Good bloke

Not that hard:

http://www.telegraph.co.uk/news/uknews/4840066/Nurse-admits-manslaughter-after-Alzheimers-victim-dies-of-broken-neck.html

http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1118964/

The first case is clearly more than just a simple medication error, and is compounded by the subsequent lies she told (and encouraged others to tell) about the case.

The 2nd one almost entirely relates to doctors, who have different professional responsibilities and standards.

Reply 18

Danielle89

14

I'd be more worried about the guilt of killing someone and what that would do to your mind! Id imagine rather a few people would feel they deserved some form of punishment if they made a stupid mistake that resulted in the death of another.

Reply 19

chigz32

15

You can definatly go to prison for negligently killing a person. Depending on the reason of why they are their, you could be breaking something called the chain of causation and be landed with a murder charge. If you mistakenly administer the wrong drug you could easily be sued, or too much of a drug, or screw up very negligently in surgery etc etc

Can nurses go to prison for accidently killing a patient?

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