Nurse diverting opioids for own use pleads guilty in federal court and may serve up to 10 years in prison

[coffeebythelake]

Suburban Chicago nurse pleads guilty to stealing morphine from patients

A suburban Chicago nurse has pleaded guilty to tampering with medications intended for patients under her care.

www.fox32chicago.com

Seems quite serious charges? And maybe a bit of a reach by the prosecutor?

"Diamond removed the morphine with reckless disregard and extreme indifference for the risk that the patients would be placed in danger of bodily injury," the U.S. attorney's office said in a statement.

Not sure if this quite reaches that level of reckless disregard as there was no mention of her contaminating the vials with adulterants or using dirty needles that put the patients at swrious risk.. We've all heard of people who have diverted drugs to feed their own addictions. They've been fired, black listed, maybe their license revoked. Now they might see the inside of a prison cell?

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[Anesthesia_Guy]

She won't (nor should she) spend a second in jail. How many thousands of people have done this before her? Rehab not punishment.

 

[wholeheartedly]

Suburban Chicago nurse pleads guilty to stealing morphine from patients

A suburban Chicago nurse has pleaded guilty to tampering with medications intended for patients under her care.

www.fox32chicago.com

Seems quite serious charges? And maybe a bit of a reach by the prosecutor?

"Diamond removed the morphine with reckless disregard and extreme indifference for the risk that the patients would be placed in danger of bodily injury," the U.S. attorney's office said in a statement.

Not sure if this quite reaches that level of reckless disregard as there was no mention of her contaminating the vials with adulterants or using dirty needles that put the patients at swrious risk.. We've all heard of people who have diverted drugs to feed their own addictions. They've been fired, black listed, maybe their license revoked. Now they might see the inside of a prison cell?

I’m normally pro rehab and whatnot, but you do have to think about what happened to the patients. I just think of my uncle after major his car wreck and injuries. That was a long road. I don’t know if we have enough info on what all she did. There tends to be more serious consequences when screwing over vulnerable adults.

 

[UscGhost]

Sending her to jail wouldn't benefit society. Just costs tax dollars and doesn't utilize her training.

Better to help her with her addiction and rehabilitate her.

 

[jwk]

Suburban Chicago nurse pleads guilty to stealing morphine from patients

A suburban Chicago nurse has pleaded guilty to tampering with medications intended for patients under her care.

www.fox32chicago.com

Seems quite serious charges? And maybe a bit of a reach by the prosecutor?

"Diamond removed the morphine with reckless disregard and extreme indifference for the risk that the patients would be placed in danger of bodily injury," the U.S. attorney's office said in a statement.

Not sure if this quite reaches that level of reckless disregard as there was no mention of her contaminating the vials with adulterants or using dirty needles that put the patients at swrious risk.. We've all heard of people who have diverted drugs to feed their own addictions. They've been fired, black listed, maybe their license revoked. Now they might see the inside of a prison cell?

I know of a couple cases where the hospital was considering criminal charges for stealing the narcotics but relented. In the end those folks went through rehab but were not offered continued employment. It's a tough call, especially if there is clear patient injury.

 

[DirtDocMD]

Ten years? Ok, that’s a bit much, but using drugs is one thing. TAKING them from people who need them, is another. I see no issue with a few months to a year in jail, both for “theft”, and as a “disincentive” to others, in the future, who feel that stealing from patients is acceptable. She wasn’t just taking drugs laying on a table, she was stealing from patients. Yeah, yeah… addiction is a “disease”, but when others are having to suffer pain due to your addiction, that ups the ante, in my opinion.

 

[nimbus]

Ten years? Ok, that’s a bit much, but using drugs is one thing. TAKING them from people who need them, is another. I see no issue with a few months to a year in jail, both for “theft”, and as a “disincentive” to others, in the future, who feel that stealing from patients is acceptable. She wasn’t just taking drugs laying on a table, she was stealing from patients. Yeah, yeah… addiction is a “disease”, but when others are having to suffer pain due to your addiction, that ups the ante, in my opinion.

Agree with you but every case of “diversion” involves taking drugs intended for a patient.

 

[DirtDocMD]

Agree with you but every case of “diversion” involves taking drugs intended for a patient.

Well, there’s “taking waste”, and then there’s actually stealing the pt’s dose. Both are feeding addiction, but one is “diverting” narcs from the trash, and the other is actually taking it from a pt who needs it.

 

[PikminOC]

It's Chicago. No one goes to jail there anymore. No cash bail

 

[lobelsteve]

Former emergency department nurse sentenced to three years after stealing pain medication and injecting patients with saline - WBIW

INDIANAPOLIS– Jennifer L. Adams, 38, of Whitestown, has been sentenced to 3 years in federal prison after pleading guilty to tampering with consumer products. According...

www.wbiw.com

 

[Gern Blansten]

Well, there’s “taking waste”, and then there’s actually stealing the pt’s dose. Both are feeding addiction, but one is “diverting” narcs from the trash, and the other is actually taking it from a pt who needs it.

It may start as “taking the waste” but quickly escalates to taking half of the patient’s meds and then eventually taking all of it. The escalation is surprisingly quick based on my experience with several who had an issue. I am sympathetic to the user’s plight and they need to get help, but I feel they should be done in the anesthesia field once they use intravenously. A couple of studies show that, a quarter of the time, the first sign of relapse in anesthesia is finding them dead. And far too high a percentage will relapse when back in that environment. That, plus they caused purposeful pain and suffering for their patients. Diverting, stealing, and abusing intravenous opioids and other IV substances, in my mind, is a one strike and you’re out.
The question about jail time is not as cut and dry for me and I’m on the fence about it as I am sure I could paint a picture of someone that should absolutely not go to jail but then I could also paint a similar picture that could be pretty convincing that they absolutely deserve jail time.
Traditionally, people just went to treatment. The medical field is a harsher environment now and I think firmer punishment will become more normalized. I think the public will be demanding it, especially if it leads to a poor patient outcome such as when an anesthesiologist/anesthetist is passed out at the head of the bed and the patient suffers a bad outcome.
I would say it will be treated similar to drunk driving. You get caught randomly by the police, you get a harsh fine and maybe a night in jail. You wreck your car and cause an injury, the punishment will be tougher. You wreck your car and kill someone, they lock you up for a looong time.

 

[Anesthesia_Guy]

Yeah, yeah… addiction is a “disease”

Yeah, yeah... cancer is a "disease"


You sound Iike a horse's ass.

 

[DirtDocMD]

You wanna discuss things like an adult, or you wanna throw around personal insults?? Pardon me, and the rest of the world, for not “falling in line” with every opinion that you may utter.

 

[Anesthesia_Guy]

You wanna discuss things like an adult, or you wanna throw around personal insults?? Pardon me, and the rest of the world, for not “falling in line” with every opinion that you may utter.

It's not an opinion - it's a fact. Get with the times. Leave behind your childish prejudices and be an adult.

 

[DirtDocMD]

Does addiction give someone an “out” on driving drunk?? How about when they commit manslaughter, slamming into someone?? Does adddiction excuse folks from charges of theft, when they steal money/possessions to feed their habit?? How about when they neglect/abuse their children while under the influence???

Do we excuse neglect/abuse when the addict is a nurse/doctor caring for a patient??

Cut it with the insults, and the attitude. Not everyone is required to agree with you.

 

[Arch Guillotti]

You sound Iike a horse's ass.

Comments like this really aren’t helpful.

 

[Anesthesia_Guy]

Comments like this really aren’t helpful.

Maybe not helpful but certainly true.

 

[DirtDocMD]

Maybe not helpful but certainly true.

Let it go, “Dude”…

 

[coffeebythelake]

Maybe not helpful but certainly true.

This forum is for discussion and people's opinions will vary. If you want only your own feelings to matter talk to a mirror.

 

[deleted875186]

I think jail time may be overly harsh.

Let’s contrast this with how society deals with elderly patients selling their opioids on the street. Elderly patient gets caught selling their bottle of limited supply 90 pills of oxycodone for money. There is clear harm to society, and it is clearly illegal, and there is no addiction issue, these diverters rarely if ever get any jail time. Why then would I make a push for jail time in this nurses case.

 

[coffeebythelake]

I think jail time may be overly harsh.

Let’s contrast this with how society deals with elderly patients selling their opioids on the street. Elderly patient gets caught selling their bottle of limited supply 90 pills of oxycodone for money. There is clear harm to society, and it is clearly illegal, and there is no addiction issue, these diverters rarely if ever get any jail time. Why then would I make a push for jail time in this nurses case.

The sentence reflects both the punishment to the offender and a deterrent to other possible offenders. I think this nurse should lose their license and should be enrolled in a substance abuse rehabilitation program. Maybe probation or a light sentence. She will never be allowed to harm another vulnerable person as a nurse. And she is shamed for what she did. Anyone with a computer and internet connection will know this happened. I don't necessarily think that prison is the answer. But I do think the prosecutor and judge feel that an example needs to be set.

 

[Arch Guillotti]

Maybe not helpful but certainly true.

let it go

 

[dannyboy1]

To the average person, the thought of a nurse stealing narcotics from a patient and likely taking care of the patient while impaired is very wrong. Most of us have a less visceral reaction to this because we know it was likely “waste”.

 

[repititionition]

I think jail time may be overly harsh.

Let’s contrast this with how society deals with elderly patients selling their opioids on the street. Elderly patient gets caught selling their bottle of limited supply 90 pills of oxycodone for money. There is clear harm to society, and it is clearly illegal, and there is no addiction issue, these diverters rarely if ever get any jail time. Why then would I make a push for jail time in this nurses case.

counterpoint (and I’m not arguing for jail for the nurse): the elderly patient is just that, a patient. they weren’t legally endowed with the responsibility to care for others.

 

[Anesthesia_Guy]

let it go

K

 

[coffeebythelake]

To the average person, the thought of a nurse stealing narcotics from a patient and likely taking care of the patient while impaired is very wrong. Most of us have a less visceral reaction to this because we know it was likely “waste”.

Pain doesn't kill anyone. And by the description the patients do get some pain meds just underdosed. Nobody got an infection from dirty needles despite the adulterated drug vials.

 

[deleted875186]

counterpoint (and I’m not arguing for jail for the nurse): the elderly patient is just that, a patient. they weren’t legally endowed with the responsibility to care for others.

I don’t understand

 

[anaesthetic]

I don’t understand

There’s a power dynamic between a patient and a nurse who is entrusted in that patient’s care. The nurse takes and keeps medicine intended for the patient, which is probably considered worse ethically than someone who sells their own prescription medication.

 

[Fart Daddy Smooth]

The sentence reflects both the punishment to the offender and a deterrent to other possible offenders. I think this nurse should lose their license and should be enrolled in a substance abuse rehabilitation program. Maybe probation or a light sentence. She will never be allowed to harm another vulnerable person as a nurse. And she is shamed for what she did. Anyone with a computer and internet connection will know this happened. I don't necessarily think that prison is the answer. But I do think the prosecutor and judge feel that an example needs to be set.

Addicts don’t think rationally, knowing that they may face 10 years in federal prison is unlikely to deter a would-be diverter.

The field of medicine will always have practitioners that divert narcotics for personal use. We want to encourage these people to come forward and admit they have a problem so that they can receive the treatment they need and stop endangering the lives of their patients and others. Who’s going to do that when they know they could be sentenced to 10 years in federal prison??

(I know you’re not advocating for prison here, i just had to share my thoughts)

 

[Gern Blansten]

Addicts don’t think rationally, knowing that they may face 10 years in federal prison is unlikely to deter a would-be diverter.

The field of medicine will always have practitioners that divert narcotics for personal use. We want to encourage these people to come forward and admit they have a problem so that they can receive the treatment they need and stop endangering the lives of their patients and others. Who’s going to do that when they know they could be sentenced to 10 years in federal prison??

(I know you’re not advocating for prison here, i just had to share my thoughts)

I see your point and don’t necessarily disagree with it. However, I believe that the public will demand a higher and stricter standard. We are now seeing physicians and nurses prosecuted for medical mistakes. That is a relatively recent change. I believe that we will also see more prosecution for healthcare workers who are addicted IF it affects patient care and outcomes.
The public holds certain professions to a higher standard of ethics than the general population (healthcare, police, airline pilots, teachers, etc) and I believe that prosecuting healthcare workers for mistakes, especially related to addiction and criminal activity, will increase over the coming years. I’m not advocating for or against that, but I have seen a shift in the mentality of the public throughout my career.

 

[coffeebythelake]

I see your point and don’t necessarily disagree with it. However, I believe that the public will demand a higher and stricter standard. We are now seeing physicians and nurses prosecuted for medical mistakes. That is a relatively recent change. I believe that we will also see more prosecution for healthcare workers who are addicted IF it affects patient care and outcomes.
The public holds certain professions to a higher standard of ethics than the general population (healthcare, police, airline pilots, teachers, etc) and I believe that prosecuting healthcare workers for mistakes, especially related to addiction and criminal activity, will increase over the coming years. I’m not advocating for or against that, but I have seen a shift in the mentality of the public throughout my career.

I think those cases where doctors and nurses are prosecuted represent the most egregious deviations from the standard of care that reflect wanton recklessness. Where any reasonable professional would know that it could lead to serious harm and that it is contrary to patient care. You don't need to prove intent in that sort of setting. Calling some of these cases "medical mistakes" downplays how messed up some of these cases are. And the public is getting fed up by the "slap on the wrist" punishments and ineffective governance of the medical boards. So here we are. The jury will decide if such actions are so deviant that criminal conviction is needed. We've seen both guilty (e.g., Dr Death, Vanderbilt veruonium nurse) and non-guilty (e.g., Husel) verdicts. And more cases are in the docket (e.g., Geoffrey Kim, Carlos Chacon).