Published: 14 Nov 11 10:12 CET | Print version
Updated: 14 Nov 11 16:08 CET
Online: http://www.thelocal.se/37330/20111114/
A 52-year-old nurse on trial in Stockholm for causing the death of 23-year-old Emil Lindell by not sending an ambulance in response to his calls for help told the court on Monday he was "completely innocent".
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Having said that, there should be some leeway for people who simply make a mistake; even a huge mistake with terrible consequences. There is a big difference between negligence and criminal negligence. Very few experienced medical practitioners have never made a rotten decision, or forgotten to do something important. A society that criminally prosecutes its doctors and nurses for less than criminal negligence, will soon find itself running short of doctors and nurses.
Whether this matter is negligence or criminal negligence remains to be seen. Management guidelines will be an important issue here. Was the nurse following policy, or was he/she exercising his/her own judgement. If it was policy, the wrong person is on trial. We shall see!
I would also like to add that there is a general trend toward demonizing medical workers. The State of Florida requires that all physicians get finger-printed in order to obtain a medical license. The State claims that this is the best way to expose identity fraud. In fact, identity fraud in the medical world is extraordinarily rare, and the fact that there are finger prints on file do not prevent the fraud; rather it makes the fraud easier to confirm once it has been exposed. The more subtle and dangerous effect of forcing doctors to get finger printed is that it sends the message that doctors are a dangerous enemy of patients, and the the State needs to protect patients from doctors.
While I am not an advocate of the malpractice system in the USA, it seems to me that this case should be a civil tort against SOS for failure to provide a contracted service. The nurse, acting on behalf of SOS, does not belong in criminal court.
Before you condemn this nurse to a slow and painful death, don't you want to know why she didn't send an ambulance?
While making her a scapegoat is very satisfying in the short run, if the larger problem is with SOS, then very little will be accomplished by convicting the nurse. In fact, it may serve to deflect blame away from SOS.
My bet is that the system is broken. Incarcerating the nurse will not fix the system.
The problem with health care worldwide is that there is not enough money to provide universal care without rationing, or without compromising care.
The situation with emergency care in Sweden is a perfect example of the problem at hand. Obviously, the simplest way to address the ambulance issue in Sweden is to send an ambulance for every single call. No triage. No nurse to filter calls. Just send the ambulance. Imagine the expense to the system of having to purchase hundreds, if not thousands, of new ambulances to meet the need - not to say the added expense of new drivers and EMT staff, as well as the cost to hospitals of having to evaluate in the emergency department untold numbers of new patients. Is there an advantage to this system? Certainly. Our 22 year old with the ruptured spleen may still be alive. How much are you willing to spend to ensure that there are no errors?
This type of analysis can be applied to every facet of medical care. Recently, I took care of a 44 year old man complaining of abdominal pain in the right upper quadrant of his abdomen. He was a moderately obese, diabetic with well controlled hypertension. Everything about his clinical presentation indicated that he had gallbladder disease. To be complete I ordered an EKG for our high risk patient. To my surprise, his abdominal pain was not his gallbladder, but his heart. He was having a heart attack. Should everyone with abdominal pain have an EKG? Before you say yes, imagine the expense of getting an EKG every time a patient complains of an upset stomach. Before you say no, imagine that every once in a while a patient with abdominal pain will die from a heart attack for lack of an EKG.
SOS is a private limited company, exclusively owned by the health authorities that employ its services. As shareholders, the health authorites select and employ the SOS managers, and it is they who are ultimately responsible for their managers' policies. I wonder in whose interest it is to blame everything on the nurse and move on?