NASHVILLE, Tenn. (WTVF) — The TBI continues to investigate after a drug mix-up caused catastrophic complications in four patients at Ascension Saint Thomas Midtown Hospital.
They were given the wrong medication and at least one patient is paralyzed.
That raises the question: Could the hospital actually face criminal charges?
There is a precedent for criminal charges in extreme cases involving medical mistakes. You have to go back to 2017 and a Vanderbilt nurse.
RaDonda Vaught admitted she made a horrible mistake...
"I have replayed my mistakes over and over again... I'm just very sorry. I'm very sorry for what happened," Vaught said in 2022.
Vaught accidentally gave the wrong medicine to a patient -- Charlene Murphy -- who died.
Prosecutors cited seventeen mistakes by Vaught and made the controversial decision to charge her with a crime.
"This case wasn't about simple professional negligence. It was about gross neglect of a patient," said Assistant District Attorney Chad Jackson in 2022.
The case went to trial and Vaught was convicted of gross neglect of an impaired adult.
What happened at Ascension Saint Thomas Midtown is similar... and different.
Both cases very serious, involving patients who received the wrong medications with devastating consequences.
"On a scale of one to ten, this is a 50. I mean, it's the worst of the worst," said malpractice attorney Clint Kelly.
He is not involved in the Ascension case, but has handled similar ones.
Ascension has apologized for the harm caused to the four patients -- related to what they call an isolated medication error in the hospital pharmacy.
"It sounds to me like a breach of routine in the pharmacy, whether it was intentional or negligent... there's a checklist of items to follow," said Kelly.
There is no indication whatsoever that what happened was intentional.
There was no intent by nurse Vaught either... just a horrible mistake.
Could Ascension face a similar prosecution?
"In terms of a criminal prosecution, I don't think that's going to happen," said Kelly.
He believes any legal issues will be civil.
Ultimately the TBI will finish its investigation and turn the file over to the District Attorney, who will decide.
Ascension Midtown has announced changes to address medication risks in the pharmacy and is working with state and federal officials to ensure safety.
Do you have more information about this story? You can email me at nick.beres@newschannel5.com
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