Contact Us: 800.562.5589 | Login to My PPMRRG

Verdicts & News

PPM Vice President - Risk Management Chairs APSF Task Force on Criminalization of Medical Error

June 1, 2022

Brian J. Thomas, JD leads Task Force in drafting APSF Position Statement on Criminalization of Medical Error and Call for Action to Prevent Patient Harm from Error

Overland Park, Kansas – June 1, 2022 – Preferred Physicians Medical (PPM), industry-leading provider of professional liability insurance for anesthesia practices, announced today that Brian Thomas, Vice President - Risk Management, chaired a task force responsible for drafting the APSF Position Statement on Criminalization of Medical Error and Call for Action to Prevent Patient Harm from Error that was released to the press and published on the APSF website on May 25, 2022.

The recent conviction of a former Tennessee nurse for criminally negligent homicide after a patient died as a result of a medication error caused an outcry from the medical community and several patient safety organizations, including the Anesthesia Patient Safety Foundation (APSF). Many medical societies, healthcare professionals, and patient safety experts strongly believe the criminal prosecution of healthcare professionals for human error will greatly set back safety reporting because healthcare professionals will not be willing to admit mistakes or report medical errors out of fear of criminal prosecution.

“We are deeply saddened and concerned by each adverse event that results in harm to a patient during any aspect of healthcare delivery, especially when the causes are preventable,” said Daniel J. Cole, M.D., FASA, former ASA president and current APSF president. “We offer our heartfelt condolences to all patients and their loved ones who have been harmed by preventable adverse events.”

Criminalization of medical errors, such as in the recent prosecution and conviction of a nurse in Tennessee “is counterproductive to the pursuit of prevention of harm to future patients and healthcare professionals,” according to the APSF statement. In its position statement, the task force advocates “for systemic changes that will enhance healthcare’s culture of safety and will reject the acceptance of ‘normalization of deviance’ that enables unsafe medical practices.”

Furthermore, the statement calls on “all healthcare systems, professional societies, healthcare professionals, and appropriate government agencies to take energetic, collaborative action to create and continuously improve systems of care so that such errors are nearly impossible.”

Read the position statement now at: https://www.apsf.org/news-updates/position-statement-on-criminalization-of-medical-error-and-call-for-action-to-prevent-patient-harm-from-error/.

News Archive

5/16/2022 Unanimous Defense Verdict in New York after COVID-19 Mistrial
Jury rejects allegations that anesthesiologist failed to properly monitor patient and delayed resuscitation.
4/4/2022 Missouri Unanimous Defense Verdict
Jury rejects out-of-state prolific plaintiffs’ expert’s unsupported opinions and testimony
11/16/2021 PPM Announces Claims Staff Addition
Ms. Judy Simon joins PPM as Senior Claims Attorney.
4/13/2021 PPM Conducts 500th Risk Management Seminar
Milestone marks continued commitment to patient safety and risk management.
2/10/2021 PPM Vice President-Risk Management co-authors article in APSF Newsletter
Brian J. Thomas, JD co-authors article on enhancing a culture of patient safety.
10/5/2020 Updates to PPM Board of Directors
Robert Edwards, MD elected as Chair and Ian Kallmeyer, MD joins PPM Board of Directors.
6/17/2020 PPM Contributes to APSF Newsletter Article
Recent publication of “Cardiopulmonary Sentinel Event During Endoscopic Retrograde Cholangiopancreatography (ERCP): Oversedation or Gas Embolism?”
1/15/2020 Virginia Unanimous Defense Verdict
Jury found PPM insureds’ testimony compelling over out-of-state expert’s nitpicking of code records
9/4/2019 Brian Thomas Elected to Anesthesia Patient Safety Foundation Board of Directors
Thomas to serve on both the Board of Directors and Editorial Board
4/19/2019 Directed Verdict in Arizona Wrongful Death Trial
Judge ruled reasonable jurors could not find anesthesiologist’s care constituted medical negligence.
3/5/2019 Missouri Unanimous Defense Verdict
Jury rejected contention that CRNA failed to properly recognize and respond to respiratory arrest.
11/21/2018 New York Defense Verdict
Jury rejected theory that medications were contraindicated and caused cardiac arrest.
10/8/2018 Missouri Unanimous Defense Verdict
Jury agreed supervising anesthesiologist was not required to be present for leak test.
6/4/2018 New York Wrongful Death Defense Verdict
Jury agreed the risk of postponing an emergency surgery for a critically ill patient outweighed the risks of proceeding.
2/2/2018 PPM Secures 44th Consecutive Upper Extremity Nerve Damage Verdict
Court recognized upper extremity nerve injuries can occur absent negligence.
1/25/2018 PPM Contributes to ASA Monitor Article
Recent publication of “Distractions in the O.R.”