Preventive Measure of Criminal Prosecution for Nursing and Midwifery Errors: Case Studies of Public Hospitals

Supunnee Thrakul, PhD Candidate

Doctor of Philosophy Program in Criminology, Justice Administration and Society, Faculty of Social Sciences and Humanities, Mahidol University, Thailand.

Tunyatorn Insorn, PhD

Associate Professor, Faculty of Social Sciences and Humanities, Mahidol University, Thailand

Srisombat Chokprajakchat, PhD

Professor, Faculty of Social Sciences and Humanities, Mahidol University, Thailand.

Manee Arpanantikul, PhD

Associate Professor, Ramathibodi School of Nursing, Faculty of Medicine Ramathibodi Hospital, Mahidol University, Thailand.

Mayuree Yotawut, PhD

Assistant Professor, Faculty of Social Sciences and Humanities, Mahidol University, Thailand.

Abstract:

Nursing and midwifery errors are subject to trials for criminal prosecution. The purpose of this study was to study the problem situations caused due to nursing and midwifery errors. The study analyzed and synthesized the factors including risk management, and determined the models and the dispute resolution measures to prevent criminal prosecution. Since the criminology theories were integrated, the study design remained qualitative with documentary research, in-depth interviews and focus group discussion methods were used as data collection methods. Purposive sampling was used, 25 nurses and midwives at public hospitals. In-depth interviews with 5 risk management committees and 4 police officers with experiences with the cases of nurses and midwives were confirmed from May 2019 to August 2019. The content analysis of the data collected was done to retrieve the level of severity of nursing and midwifery errors: from low severity, there is a risk/ chance of error to occur, language barriers with migrants, to high severity resulting in patient death, mismatched blood group transfusion and maternal death from retained placenta. Factors led to nursing and midwifery errors were human errors, and lack of hospital of checks and balances system. The deterrence theory and theory of punishment for social protection were analyzed and synthesized for the nursing and midwifery errors. Measures to prevent criminal prosecution were the contemporary clinical nursing practice guidelines, infographics for patient assessment, and nursing standards. For working in the night shift, it is necessary for the nursing policy for one-hour break such as working at the day shift or the evening shift. Future studies should use mixed method research with a higher number of participants.