Death Caused by Hemodialysis Tubing Connector Detachment: Criminal Negligence in Nursing Staff
While a patient was receiving hemodialysis treatment, the tubing connector of hemodialysis machine became loose. Patient’s son saw the face of patient became pale, and he notified nurse. The nurse then went to handle it, but patient finally died of hypothalamic shock because of continuous bleeding caused by loose tubing connector. The nurse was prosecuted by the crime of negligently causing the death of another in the performance of her occupational activities. The district court found the nurse negligent, because she did not tightly lock the tubing connector. However, the high court found the nurse negligent, not because that the she did not tightly lock the tubing connect, but because that she did not pay close attention to patient’s condition. The nurse appealed to the Supreme Court, but it was dismissed by the Supreme Court. Two authors comment on this decision with special reference to whether the patient’s death is foreseeable and avoidable, whether the defendant is guilty and the issue of system error in this case.