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Criminal Prosecution for Nursing Practice
Emotions evoked while considering the Colorado Board of Nursing case
The Colorado Board of Nursing case presents a highly controversial situation that leaves the reader with a whole range of mingled emotions, some of which even contradict each other. First and foremost, the feeling of pity for the baby who fell victim of unintentional murder mixes with fear that appears when you realize that things happening as a result of a mere accident are no less real than those carefully planned. Besides, I feel deep compassion for the babys parents who had to lose their child because of professional negligence.
The combination of emotions is much more complicated about nurses involved in the case. On the one hand, you cannot help feeling indignant at their attitude to their direct responsibilities as well as their poor attention to details. The most shocking thing is that none of the four experienced professionals involved in the case prevented the catastrophe. However, on the other hand, you continue to project the situation on your own clinical experience and come to understand that you could have been in such a situation with equal chances for success. That is why you start to feel sympathy towards the women as they became soft-skinned targets for public condemnation without having any ill intention.
The intention to prevent unnecessary pain as a mitigating factor in the court
It can be argued that the jury should have taken into consideration that the error was committed because the nurses wanted to avoid causing the baby unnecessary pain. However, this view is relevant only if we judge the situation from the humanistic perspective: it becomes evident that there was no other motive except the desire to relieve pain. Taking this factor into consideration would have been reasonable if the courts had expressed doubt concerning the absence of ill intentions. Since no such accusations were brought, making emphasis on this detail would have been redundant. Moreover, in situations that end up tragically, it hardly makes any difference what the initial intention of the agent was since the result was death.
Other occupations in which the consequences of unintentional errors have greater legal implications
Another field associated with serious legal implications in case of an error is medical or court translation. The point is that any professional translator is legally accountable for the consequences of his/her translations, which means that if a person dies or received serious damage to health because of an incorrect translation (which is highly important when the patient is transferred to another country to be treated there), the family can start legal proceedings against the translator who committed the mistake (Hatim & Mason, 2014). All the professions connected with childrens supervision may also have serious legal implications.
How should the nursing profession respond to a new legal threat
Since it was the first case when the malpractice was judged with the absence of ill intention, it would be logical to expect that the issues that were previously left inside the medical community will now be brought to court (Binder, 2016). Therefore, the only way to respond to the threat of the nursing profession is to enhance risk management and educational programs concentrating all efforts on providing the maximum level of patient safety. The only way for the profession to preserve its dignity is to prove that such cases can be eliminated.
Which sections of the State Nurse Practice Act the nurses violated
As far as the violation of the State Nurse Practice Act is concerned, the nurses were accused of being negligent and incompetent while delivering treatment, committing medication errors, and even lacking mental capacity to be able to provide care. However, the question remains open whether a violation of the sections overruling such behavior can be considered a criminal deed.
References
Binder, D. (2016). The increasing application of criminal law in disasters and tragedies: A global phenomenon. Western New England Law Review, 38(2), 313-345.
Hatim, B., & Mason, I. (2014). Discourse and the translator. London, UK: Routledge.
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