AANA Statement on Kentucky Legislation to Decriminalize Medical Errors

Rosemont, Ill.  (AANA) — The American Association of Nurse Anesthesiology (AANA) issued the following statement, attributable to AANA President Dru Riddle, PhD, DNP, CRNA, FAAN in support of recent Kentucky legislation that prohibits the criminalization of medical errors:

AANA applauds the signing of legislation by Kentucky Governor Andy Beshear (D) that would prevent healthcare providers from being criminally charged for medical errors.

Criminal law’s purpose is to protect society, but charging healthcare providers with crimes from medical errors does not protect patients. Instead, it contributes to a lack of transparency and distrust in the healthcare system, which can jeopardize patient safety.

AANA opposes the criminalization of medical errors for CRNAs, except in instances when the actions are deliberately and intentionally performed and is encouraged that the new Kentucky law does not exempt those healthcare providers who cause harm through “gross negligence or wanton, willful, malicious, or intentional misconduct.”

According to the Agency for Healthcare Research and Quality (AHRQ), improving the culture of safety within healthcare is an essential component of preventing or reducing errors and improving overall health care quality.

AANA encourages CRNAs to play an instrumental role in leading and promoting a culture of safety to develop and advance healthy work environments that support patients and providers.