Medication Errors and Criminal Negligence: Lessons from Two Cases

Health-care professionals who make serious errors may be subject to criminal prosecution for criminal negligence. In recent years, many states have expanded the concept of criminal negligence to the extent that health-care providers may have difficulty fully understanding what conduct could subject them to criminal prosecution.This article presents two cases in which nurses were prosecuted for criminal negligence related to medication errors. It explores the evolving concept of criminal negligence, discusses the role of systemic and interdisciplinary factors in medical errors, and explores the collateral consequences of criminal prosecution.