Criminal Prosecution For Nursing Errors | Assignment

1The allegations that Ms. McKay endorsed a wrong dose to a patient can be considered
invalid based on several factors. The hospital is organized in terms of management with no
authorization of intruders from outside, an implication that the two patients' passing away could
only be based on members operating within the hospital. 2Therefore, the allegations to be
brought before the court should have a solid background before complaining against the victim.
The deadly incident occurred on date 16 November 2018 in a Ward that the victim was
carrying on her duty. 3There were two people in charge of that ward unit on that day, a care
service employee (CSE) and a registered nurse (RN). The presence of two individuals in that
unit first brings questions as to who could have committed the crime because none of them can
be proved righteous in this case. The dead victims were in a state of coma and hence could not
complain even if there was an intrusion of a different attendant.
4There are chances that CSE could have endorsed the drugs into the patients without
background knowledge of Ms. McKay since the two patients were in a state of coma and could
not give evidence of who intruded into their chambers for the dose. 5Similarly, there could be
chances that a registered nurse came to inject the drugs when the nurse in charge is unaware.
Such a claim is raised only when the two victims had been in bad terms with an outside who
used could use one of the nurses to inject the drug.
The death incidence of the two patients occurred in coincidence with the electronic
failure of the doors. The doors could thus be opened by any nurse to get access to the units.
1 The Queen v. McKay (supreme court of Victoria).
2 Act, E. (2008). Evidence Act 2008 (Vic
3 Ranson, D. (2010). The Coroners Act 2008 (Vic): a medical investigator's perspective.
Journal of law and medicine, 17(4)
4 Cady, R. F. (2009). Criminal prosecution for nursing errors.
ONA'S healthcare law, ethics
and regulation, 11(1),
5 Griffith, R., & Tengnah, C. (2020).
Law and professional issues in nursing. Learning Matters

6Questions may arise that, why could the death incident not occur before electronic failure? Why
is it that death only happened when there was a failure in the opening door system? However
much there are complaints against the victim, a verdict can't be reached to sue her. She has been
in care for these patients for six months without any death issues arising.
There had not been an electronic failure before. The victim could, therefore, be used as a
tool to hide the real culprit of this offense.
7We are also addressed from the allegations that the patients were not treated with the
insulin, and this also tells us that the sued victim is not responsible in this case. She had been
treating these patients for six months and could not make such a mistake of misusing a different
drug for the treatment of a patient who ailment was never related to that drug.
Even if it was a case of a mistake, then the nurse could have used a drug that is related to
some way with the ones used to treat other patients. 8Insulin drug was not only available in that
ward section as different units could have insulin. Therefore, any of the nurses could come in to
inject the two victims causing their death.
9There is another allegation that only RN's had keys to the locked cupboards. This
allegation cannot only be used against MS. McKay to prove that she is guilty of the offense.
Other wards also had their cabinets, which contained the same types of drugs. The chances are
6 The Queen v. McKay (supreme court of Victoria).
7 Cady, R. F. (2009). Criminal prosecution for nursing errors.
ONA'S healthcare law, ethics
and regulation, 11(1),
8 Griffith, R., & Tengnah, C. (2020).
Law and professional issues in nursing. Learning Matters.
9