MADISON, Wis. (AP) — By most accounts, nurse Julie Thao helped hundreds of women giving birth during a 15-year career. But a drug mix-up that led to a death may send her to prison, frustrating fellow caregivers.
Prosecutors filed a felony charge against Mrs. Thao, igniting a debate over whether medical professionals who make unintentional yet deadly mistakes should face criminal charges on top of civil punishment from victims and regulators.
Officials say the charge against Mrs. Thao reflected a series of dangerous decisions she made that led to the July 5 death of Jasmine Gant, 16, an expectant mother whose 8-pound baby son survived.
Miss Gant died after Mrs. Thao mistakenly gave her a dose of epidural instead of penicillin to treat a strep infection during labor. The epidural, a potent pain reliever used during childbirth, caused Miss Gant to go into cardiac arrest and die within hours.
Mrs. Thao told investigators she was in a rush to treat Miss Gant and inadvertently scooped up the bag containing epidural instead of penicillin. Both medications were on the counter in the birthing suite at St. Mary’s Medical Center in Madison.
The case has alarmed groups representing medical professionals who say punishment for unintentional errors should be left to regulators and the civil court system.
They called the death tragic but said the charge sends the wrong message at a time of nursing shortages and attempts to improve self-reporting of medical errors.
“Everyone in health care is saying uniformly what a terrible mistake this is,” said Michael Cohen, president of the Institute for Safe Medication Practices, a nonprofit. “I don’t believe anything like this warrants criminal charges. It sets a terrible precedent.”
State regulators are investigating whether to revoke Mrs. Thao’s nursing license, and the victim’s family is seeking compensation from the hospital. Hospital spokesman Steve Sparks said the facility no longer employs Mrs. Thao but would not say whether she was fired.
The charge — neglect of a patient causing great bodily harm — can carry a prison term of up to six years.
Charges in a medical setting traditionally have required intent such as the assault of a patient, the repeated neglect of nursing home residents or the intentional killing of a sick patient.
The seven-page criminal complaint says Mrs. Thao’s “actions, omissions and unapproved shortcuts … constituted a gross breach of medical protocol.”
Among them: Retrieving the epidural from a locked storage unit without a doctor’s order, failing to scan the medication into a computer system that would have detected the mix-up, and ignoring large warning labels on the epidural.
Eric Farnsworth, a lawyer representing Miss Gant’s family, said the family does not support the charge. He said he is in talks with the hospital over a civil settlement.
Mrs. Thao, a 41-year-old divorced mother of four who lives in nearby Belleville, has pleaded not guilty and hired Stephen Hurley, a top criminal-defense lawyer.
She appeared in court for a brief hearing on Monday, backed by more than 20 nurses who carried signs protesting her charge. As she left the courtroom, Mrs. Thao wiped away tears.
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