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Former St. Mary's Nurse Makes First Court Appearance

Health Community Says Criminal Prosecution Creates Dangerous Precedent

Updated: 12:22 pm CST November 10, 2006

The criminal case that is rocking the health care community went public Thursday as a former St. Mary's Hospital nurse made her first court appearance on a felony charge in the death of a Verona student.

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Julie Thao, 41, has been charged with patient neglect in the death of Jasmine Gant, 16. Authorities said Thao mistakenly injected Gant with the wrong medicine, causing her death.

About 100 nurses and others rallied at the Dane County courthouse on Thursday in support of Thao.

The Wisconsin Hospital Association and the Wisconsin Nursing Association have both expressed outrage over the criminal charges filed against the former nurse.

On Thursday, nurses expressed anger and sympathy, and said that they fear for Thao and themselves.

Thao was officially booked on a felony charge of patient neglect causing great bodily harm on Thursday after her initial court appearance.

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The criminal prosecution has sent shock waves throughout the nursing community, WISC-TV reported.

"I this it's terrible. I can't believe they would treat a nurse like a criminal," said Kelly Bullock, a nurse at St. Mary's.

Other nurses WISC-TV spoke with said Thao has no business being in court facing criminal charges over what happened.

Bullock said she had Thao for a nurse when her now 7-year-old daughter was born.

"Julie was my nurse when I had Rachel, and she was absolutely wonderful. When I had my next two boys we requested Julie because we liked her so much," Bullock said.

"I don't want to undermine the fact a patient died here. I think that's very serious and that does deserve consequences, but I think in this case prosecuting somebody as a criminal for a medication error that was unintentional is totally extreme and absolutely unjust," said Denise LeRoy, a nurse at University of Wisconsin Hospital.

LeRoy added the charges will cause nurses to "practice with fear."

Although Thao (pictured left) received an outpouring of support Thursday, the Department of Justice is offering no sympathy for her.

Thao's lawyer said she's guilty of forgetting to read a label, but the prosecution said it's not that simple. The prosecution said that Thao violated several policies and rules when she mistakenly injected Gant with a powerful anesthetic instead of penicillin, causing the teenager's death.

"It's not a single mistake. It's several dangerous decisions," prosecutor Eric DeFort told the judge Thursday.

Prosecutors said those dangerous decisions include injecting the drug much too fast into Gant, just to save time.

But nurses, health industry groups and Thao's lawyer said that charging her in criminal court is unwarranted, and creates a dangerous precedent.

They said the agency that licenses state health-care professionals can hold them accountable. They said that a nurse knowing she mistakenly harmed a patient is punishment enough.

"This is a very difficult time for her … Julie made an error and is the first to admit it and thoroughly, emotionally, and in all other respects feels the pain of having made that error," said Steve Hurley, Thao's attorney.

Hurley said that Thao's nursing record has been perfect.

Thao was granted a signature bond at her bail hearing and remains free as long as she has no contact with Gant's family.

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