The bill, passed in late April, gives healthcare providers legal immunity for any alleged harm or damages from health services. Immunity does not extend to gross negligence or intentional misconduct.
Ms. Jenkins said the state’s nursing board and hospitals have already implemented just cultures that place safety issues on structures, not people’s mistakes. But the law can add another layer of comfort, especially among those who fear persecution after RaDonda Vaught, a nurse at Vanderbilt University Medical Center in Nashville, Tenn., was convicted in 2022 for a fatal medication error.
“I know when the Vanderbilt case came out that put a lot of fear in potential nurses, as well as current nurses,” said Ms. Jenkins, the former corporate compliance officer of Henderson, Ky.-based Deaconess Health System.
“Nurses are humans, and we are going to have human error,” she said. “This law [will] enhance and promote internal reporting systems to encourage the voluntary reporting of errors without fear of criminal prosecution, which in turn promotes greater patient safety.”
The Kentucky Hospital Association and Louisville, Ky.-based Baptist Health praised the bill’s passage, adding that the legal protection can help recruit nurses, assuage fears and encourage more reporting.
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