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Criminal Prosecution of Healthcare Professionals for Malpractice

In 2009 a pharmacist in Ohio pled guilty to manslaughter and was sent to jail for six months for improperly supervising a technician who made a mistake resulting in the death of a child. This video report includes interviews with the pharmacist in jail and with the child’s mother and raises questions about criminal prosecution of medical errors.

Recommended By Robert Cisneros, Assistant Professor, Campbell University College of Pharmacy & Health Sciences

Courses Taught Pharmacy in the US Healthcare System, Marketing and Management in Pharmacy, Medication Errors
Length 2:57

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Original Source CNN
Media source http://video.aol.com/video-detail/jailed-pharmacist-follow-up/3024000614
Suggested forManagement, Ethics, Healthcare Quality.
Posted in HealthMedicine, Medical Ethics, PediatricsPharmacy, Pharmacy ManagementPublic Health, Health Management and Policy
Learning Objectives
  • Introduction: In February, 2006, at a hospital in Ohio, two-year old Emily Jerry suffered an agonizing death after being given an intravenous infusion of a solution containing 23% salt. The solution was supposed to be about 1 percent salt. The child was undergoing her final treatment for cancer. The solution had been incorrectly prepared by a pharmacy technician. All the medications prepared by the technician were supposed to be checked by the pharmacist in charge, Eric Cropp, but he failed to detect the error. In her testimony before the Ohio Board of Pharmacy, the pharmacy technician (who was offered immunity for her testimony) said she told Cropp that something was “weird” with the mixture, but he still approved it. Cropp says he has no memory of that conversation. Emily’s mother gave passionate testimony before the Board. Cropp later stated that he was so frightened, overwhelmed and agonized by what had happened that he agreed to give up his pharmacy license without a fight. But that was only the beginning. The County district attorney then decided that the highly publicized case merited criminal prosecution. Faced with a charge of reckless homicide, carrying a sentence of 5 years, Cropp pled guilty to a lesser charge of manslaughter and was sentenced to six months in jail followed by six months of home confinement, three years probation, 400 hours of community service and a $5,000 fine. In January of 2009, Ohio governor Ted Strickland signed “Emily’s Law” which requires pharmacy technicians in Ohio to pass a competency test as well as a criminal background check. Before the law, virtually anyone could become a pharmacy technician with few qualifications. The case has become something of a cause célèbre as many of Cropp’s defenders have contended that criminal prosecution for medical mistakes will only lead to cover-ups and unwillingness to admit errors and does nothing to deal with systematic, ongoing problems within the hospital pharmacy system which remain unaddressed. ...
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Discussion Questions
  • Before showing the video, review the background of the case with the class. ...
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Transcript
David Mattingly: He lives behind concrete walls and steel bars. But Eric Cropp isn't sure if he's a criminal, a victim, or both.

Are you a killer?

Eric Cropp: No.

DM: In 2006 Eric Cropp was a pharmacist at a Cleveland hospital where two year old cancer patient Emily Jerry was killed by the medical error of a pharmacy technician. She was given a chemotherapy drug mixed with a salt solution 23 times more concentrated than the normal dose. But because Eric Cropp was the supervising pharmacist and should have caught the mistake, he was sent to jail. And that's where I found him, confused and struggling with regret.

Do you think it was your fault?

EC: In a way, sometimes. Because I've been called everything, in the media, and the way my coworkers treated me...it's been hard.

DM: But not as hard as it has been for Emily Jerry's mom.

Kelly Jerry: She used to go up and down the slide...her swing was in the middle, it was still one of those child safety swings.

DM: After Emily's death, Kelly Jerry pushed for new laws in Ohio requiring new training and certification for pharmacy workers. And she was in the courtroom when the judge handed down Cropp's sentence.

What kind of message do you hope is being sent by that conviction?

KJ: That patient safety needs to be first and foremost on everybody's list.

DM: Is this going to make for fewer mistakes or more mistakes?

EC: I think it's going to be the same mistakes, they're just gonna be covered up better.

DM: Cropp says the mistake that killed Emily Jerry came on a day when he was overloaded and rushed. These are common complaints through the nation's healthcare system, and patient safety advocates warn that cases like this might actually make it harder to change the conditions where tragic errors like this are made.

Michael Cohen: People are going to be afraid to come forward and identify problems they've been involved with, because of fear: of losing their license, or in this case, even criminal charges brought against you.

DM: Michael Cohen of the Institute for Safe Medical Practices was among experts sending letters to the judge, calling Cropp an easy target. Saying, the greater good is served by focusing on system issues that allow tragedies like this to happen. But in the court's eyes, Cropp had no excuse for missing the mistake that killed Emily Jerry. He's serving six months for involuntary manslaughter.

EC: I mean, I have the stigma now, I've fallen, I've hurt somebody...it's hard.

DM: Terms of Cropp's probation will include speaking publicly, telling the story of caution to others in healthcare. He will never work as a pharmacist again. David Mattingly, Cleveland, CNN.

2 Responses

  1. My First Lecture & Discovery Channel Special Interview News!

    [...] errors, when they occur, is an enormous setback for the patient safety movement in our nation. Read this CNN story describing the negative impact this had on the patient safety movement. This entry was posted in News. Bookmark the permalink. Post a comment or leave a trackback: [...]

  2. Amy

    why only 6 months? he killed a child…What’s wrong with a system?

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