In a special ceremony late last week, Governor Andy Beshear signed legislation that prohibits nurses and doctors from being criminally prosecuted for medical mistakes. The new rules went into effect in March.
Officials said the bill will not protect healthcare workers from civil liability or those acting willfully, maliciously, or recklessly.
Donald Lloyd, President, and CEO of St. Clair Health Care said the hospital reports all mistakes and what they refer to as near-misses.
“And if necessary, we develop new protocol and/or new procedures to prevent reoccurrence. Then we report those to regulatory authorities, just as all hospitals are required to do, and from time to time regulatory authorities review our analysis,” said Lloyd.
Proponents of the law said they hope it will remove any fear doctors and nurses may experience reporting medical errors. Lloyd said this reporting is extremely important.
“That’s how we learn to make sure we don’t repeat those mistakes by creating an environment where we critically evaluate every adverse outcome. We do that in all institutions, not only in the Commonwealth but across the country,” said Lloyd.
The law makes the Commonwealth the first state in the country to decriminalize medical mistakes. The Kentucky Nurses Association said the move puts Kentucky at the forefront of developing laws to protect nurses and doctors. Mistakes can still be handled and reviewed by each field’s designated governing board like the Kentucky Medical Board and Board of Nursing. They can determine any action or repercussions that might be necessary.