In the high-pressure environment of health care, mistakes can happen. When a nurse makes an error while caring for a patient, the consequences can be serious. It raises multiple questions, including whether a nurse’s license could be at risk and whether the nurse could face criminal charges for the mistake?
#1: Licensure
When a nurse makes a mistake while caring for a patient, the repercussions can extend beyond immediate patient harm to include serious professional consequences. Such errors, depending on their nature and severity, can prompt investigations by regulatory bodies like the State Board of Nursing. These boards have the power to suspend or revoke a nurse’s license if they find the mistake violated professional standards of care.
Factors considered in these decisions can include the nurse’s intent, the severity of the error, previous record, and whether the error was a result of negligence or failing to adhere to established protocols. Even a single incident can jeopardize a nurse’s ability to practice, highlighting the importance of diligence, continual education, and adherence to best practices in nursing.
#2: Criminal charges
It is possible for a nurse to face criminal charges after a professional error — but not all nursing mistakes will lead to charges. Criminal charges are typically reserved for cases involving gross negligence or intentional harm. Some factors that might influence the decision to pursue criminal charges can include:
- Severity of the error: Was the mistake life-threatening or did it result in significant harm to the patient?
- Intent: Was the error a result of a deliberate action or a negligent disregard for patient safety?
- History: Does the nurse have a history of similar errors or disciplinary actions?
These factors help legal and medical professionals determine the appropriate response to a nursing error, balancing accountability with the understanding that everyone can make mistakes.
It is important to note that this is an area of law that is evolving. Some states are moving forward with protections that remove or further reduce the risk of a medical professional facing criminal penalties for professional mistakes.
Nurses are critical to patient care and safety, but they also operate in an environment where mistakes can have serious implications. Education, training, and a supportive work environment are key to minimizing errors and protecting both patients and nurses from the potential severe consequences of mistakes.
Attorney John Rivas is responsible for this communication.