Kentucky bill would decriminalize medical errors for doctors, nurses

LOUISVILLE, Ky. (WDRB) -- Kentucky lawmakers introduced a bill aimed at decriminalizing medical errors for doctors and nurses.

That includes accidentally giving patients the wrong medicine. But, it's important to note, House Bill 159 still holds health care providers responsible for intentional wrongdoing.

Health care workers could still have to pay for damages or follow other court enforcements in a lawsuit.

During a hearing about the bill Wednesday morning, there were concerns about the definition of "provider," and whether the bill would protect CEOs, presidents and administrators.

"Our intention is to protect those who have hands on the patient. It's not the policymakers in the front office, this is nurses, doctors and clinicians," said House Majority Whip Rep. Jason Nemes, R-District 33, who co-sponsored the bill.

The Kentucky Nurses Association said it supports the bill because of the nursing shortage in the state.

"Research shows that criminalizing medical errors does not promote patient safety and in fact, may have several unintended consequences," KNA said in a news release.

The group believes the legislation could keep nurses from leaving the profession out of fear of being criminally charged for making a medical error.

"The hope for this bill is that health care providers will stay in their field, and ensure continued self-reporting of errors, both of which work to ensure a safe health care culture," KNA said. "Safeguards must be in place to reduce errors and accurate and fair reporting is key to improving safeguards without fear of unjust penalties."

To read the bill in its current form, click here.

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