Murders at VA Hospital Show Why Oversight is Important in Healthcare Facilities

On Tuesday a former nursing assistant at a VA hospital in West Virginia received seven life sentences for a series of murders she carried out at the hospital in 2017 and 2018.

USA Today writes,

During a hearing Tuesday, U.S. District Judge Thomas Kleeh called Reta Mays, 46, a monster of the “worst kind. You are the monster no one sees coming.” He delivered a life sentence for each murder victim, plus 20 years for an eighth victim she tried to kill. . . .

Mays is not eligible for probation for the seven life sentences, Kleeh said. She was ordered to pay restitution to the victims’ families.

The victims ranged in age from 81 to 96 and served in the Army, Navy and Air Force during World War II and wars in Korea and Vietnam. They died at the hands of the same person, at the same place, in the same way.

According to the article, Mays killed her victims by giving them lethal doses of insulin.

The Office of Inspector General at the U.S. Department of Veterans Affairs reportedly conducted an investigation after the murders came to light, concluding that “serious, pervasive, and deep-rooted clinical and administrative failures” at the hospital allowed the murders to go undetected for nearly a year.

“While responsibility for these criminal acts clearly lies with Ms. Mays, the OIG found inattention and missed opportunities at several junctures, which, if handled differently, might have allowed earlier detection of Ms. Mays’ actions or possibly averted them altogether,” the inspector general’s office concluded.

The murders and the inspector general’s office report illustrate why oversight is so crucial in hospitals, nursing homes, and similar facilities.

Earlier this year the Arkansas House of Representatives defeated H.B. 1685 and H.B. 1686.

These bills would have made it easier to deny food and water to people who are dying; would have made it easier to take patients off life support; and would have made it possible for healthcare workers other than doctors to make decisions about end-of-life care without appropriate training.

There also were concerns that the bills would have reduced oversight in healthcare facilities and made it easier for nursing homes to hide abuse and neglect.

That’s why groups like National Right to Life, Arkansas Right to Life, Euthanasia Prevention Coalition USA, Family Council, Northwest Arkansas Respect Life, Arkansas Advocates for Nursing Home Residents and others opposed these bills.

This story from West Virginia is a chilling reminder of what can happen when healthcare facilities don’t have appropriate safeguards in place. It’s also a reminder of why states need strong laws that protect patients — especially vulnerable patients near the end of life.

These Bad Bills Weaken Arkansas’ End-of-Life Laws

Two bad bills are up for consideration at the Arkansas Legislature: H.B. 1685 and H.B. 1686.

H.B. 1685 amends the Arkansas Healthcare Decisions Act.

H.B. 1686 amends the state’s Physician Order for Life-Sustaining Treatment Act.

Among other things, H.B. 1685 makes it easier for healthcare providers to deny a dying person food or water.

H.B. 1686 inserts a vague and subjective definition of “terminal illness” into state law.

Both bills would make it possible for patients and their families to work through decisions about end-of-life care and life-sustaining treatment without the help of a physician.

Arkansas has excellent laws governing end-of-life medical care. H.B. 1685 and H.B. 1686 weaken these good laws.

Below are additional points to consider.

Current Law

  • Arkansas’ Healthcare Decisions Act outlines how patients and their family members make end-of-life healthcare decisions.
  • Arkansas’ Physician Order for Life-Sustaining Treatment Act lets patients work with a physician to document their life-sustaining treatment wishes.
  • Physicians are involved in decisions made under the Healthcare Decisions Act and the Physician Order for Life-Sustaining Treatment Act.
  • State law is careful to note that a Physician Order for Life-Sustaining Treatment form is not intended to replace an advance directive.

What H.B. 1685 and H.B. 1686 Would Do

  • H.B. 1685 makes it easier for healthcare providers to withhold food and water from a patient who is dying.
  • H.B. 1686 inserts a vague and subjective definition of “terminal illness” into state law.
    • The definition is very similar to one found in a 2019 physician-assisted suicide bill that the Arkansas Legislature defeated.
    • A number of medical conditions could be considered “terminal illnesses” under this bill.
  • Under these bills, Arkansans may never see a physician when making critical end-of-life decisions. They could die without ever seeing a physician.
  • Under H.B. 1686, patients may not work with a physician when completing a Physician Order for Life-Sustaining Treatment form.
  • H.B. 1686 strikes language in existing law clearly stating that a Physician Order for Life-Sustaining Treatment form is not intended to replace an advance directive.

Additional Points to Consider

  • Arkansas has excellent laws that provide patients and their families with protection and assistance near the end of life. H.B. 1685 and H.B. 1686 weaken those good laws.
  • These bills do not ensure that physician assistants and advance practice registered nurses have the training or the experience to assist patients and their families with end-of-life decisions.
  • It is inappropriate for healthcare professionals other than physicians to complete a Physician Order for Life Sustaining Treatment form with a patient.

Free Conference on Euthanasia, Assisted Suicide

Speakers for the upcoming virtual conference on preserving the sanctity of life at the end of life.

Family Council is supporting Arkansas Right to Life’s 2021 Preserving the Sanctity of Life at the End of Life conference.

The conference is free, and it will be held virtually this year on Saturday, February 6.

Conference speakers include:

The conference agenda is available at artl.org.

Registration is free, but space in the virtual conference is limited.

Register online for free here.