Radonda Vaught Loses License Appeal

As you and other readers probably know, I have frequently brought up issues regarding the case of Former Registered Nurse RaDonda Vaught who not only had her license revoked but was put on trial following a fatal medication error of administering vecuronium to a patient rather than the prescribed Versed.

In the trial she faced a possible eight-year prison term for criminally negligent homicide and abuse of an impaired adult but instead received three years’ probation.

But the Tennessee Board of Nursing also took action by revoking her nursing license in July 2021 to which she appealed.  That request was denied.

It is so disappointing that Ms. Vaught lost her license over a medication error.  Granted, the medication error should not have occurred, but since it did, one must ask what does stripping away her license do to resolve the problem of inadvertent medication errors?

Boards need to be rehabilitative rather than punitive in such matters.  Unfortunately, it seems the Courts don’t wish to face these situations and tend to sweep them under the proverbial rug.

To get a review from a Court, the alleged actions of the Respondent must be arbitrary, capricious and “shock the consciousness of the Court.”  Therefore, it’s extremely difficult to appeal against any decisions of this nature.

In fact, in Indiana, the normally non-admissible use of hearsay in Court is admissible in administrative law proceedings with the caveat that it cannot form the sole basis of the decision.  The normal protections that we are afforded in regular Court proceedings do not always apply when an issue is instead brought before a Board.
In most states the governor appoints the Board members.  I can usually tell what party our governor is based on the actions of the Board.  If you are concerned about the unbridled control these Boards have, I would highly recommend talking to your state representative or state senator.