Profession

Plea agreement in Wis. criminal case over medical error

NEWS IN BRIEF — Posted March 5, 2007

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Doctors' worries about being criminally charged for a medical error are not eased by a recent plea agreement between a Wisconsin nurse and the state attorney general.

The state in November 2006 charged Julie Thao, RN, with criminal negligence after she gave the wrong medication to a 16-year-old, who died after the incident. Under a December 2006 plea agreement, felony charges for negligence causing great bodily harm were amended to two misdemeanor charges for illegally obtaining and dispensing a prescription.

Thao pleaded no contest to the lesser charges, court documents show. She was sentenced to two years probation. State regulators also suspended Thao's license until April, limited her work hours for two years after the suspension and fined her $2,500.

Physicians worry cases like this could come up again and are concerned that the threat of criminal prosecution for an unintentional mistake could impede quality improvement measures and drive doctors away from the profession.

"It's good to see that they could resolve this case with no jail time, but clearly there was no criminal intent," and the punishment is unwarranted, said Wisconsin Medical Society general counsel Ruth Heitz.

"It still seems the goals of the criminal justice system really have not been served: there will be no rehabilitation and this isn't conduct likely to be repeated," she added.

The state declined to comment. Thao's attorney did not return calls seeking comment.

Note: This item originally appeared at http://www.ama-assn.org/amednews/2007/03/05/prbf0305.htm.

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