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A nurse administering an epidural. A.Marrupe / Shutterstock

Nashville hospital admits 4 patients got the wrong drug — 1 was left paralyzed. Tennessee caps 1 part of their payouts at $1M

A routine trip to a Nashville hospital for joint replacement surgery turned into a medical nightmare for four patients after a pharmacy error resulted in all of them receiving the wrong medication.

Ascension Saint Thomas Midtown confirmed that the medication error occurred in its pharmacy on August 14, when four patients undergoing routine joint replacement procedures were given potassium phosphate instead of an anesthetic that was supposed to be injected into their spines. The patients experienced adverse health reactions and required immediate medical care, according to the hospital, local News Channel 5 reported.

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The consequences have been devastating. News Channel 5 reported that 72-year-old Glenda Dorton of Centerville, Tennessee, was left paralyzed following the error. Her family told Fox 17 News that she woke up following her surgery unable to feel or move from her sternum down. She was eventually told that she now has T-6 paralysis, a type of spinal cord injury.

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Another patient, a 74-year-old Nashville woman, was on a ventilator, according to News Channel 5. The conditions of the other two patients, however, have not been publicly detailed.

The hospital confirms a pharmacy error

The hospital described the incident as a “medication error.” In its latest statement, Ascension Saint Thomas said the error happened in the hospital pharmacy.

The hospital has apologized to the four patients and their families and said it has made “several changes” to its pharmacy and safety protocols since the event occurred. Tennessee authorities have been investigating the mix-up.

Those measures include storing high-alert medications in separate, clearly marked locations, creating a mandatory “hard stop” for certain medication scanning alerts and requiring a second trained pharmacist to independently verify spinal medications before they are administered. The hospital also said outside experts were brought in to review its corrective measures.

For the families, however, those changes come after the damage has already been done.

Dorton’s family has said she remains in the ICU while doctors determine whether the paralysis can be reversed. Her family is also seeking answers about how the medication could have been selected and administered during what was supposed to be a routine procedure.

“We’re hoping that we can give her the care she needs,” Dorton’s daughter-in-law, Kristina Buell told WSMV 4. “This is the rest of her life, and she still has a lot of life to live. So, we’re just hoping to make that as good as possible.”

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The case could ultimately become a significant legal battle, particularly because of Tennessee’s limits on certain types of damages in civil cases.

Under Tennessee Code § 29-39-102, injured plaintiffs can seek economic damages, such as medical expenses and other financial losses, but noneconomic damages are generally capped at $750,000. Noneconomic damages can include compensation for pain and suffering, permanent impairment and loss of enjoyment of life.

There is an important exception for catastrophic injuries.

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Tennessee caps catastrophic noneconomic damages at $1M

Tennessee law raises the cap on noneconomic damages to $1 million when an injury qualifies as catastrophic. The statute specifically defines catastrophic injury to include a spinal cord injury resulting in paraplegia or quadriplegia.

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That provision could become particularly significant in Dorton’s case if her paralysis is determined to meet the statutory definition and she pursues a civil claim. It does not, however, mean that a patient can receive no more than $1 million in total damages.

The $1 million ceiling applies to non-economic damages, rather than economic damages.

Medical costs, lost income and other qualifying economic losses are treated separately under the statute.

The law also contains exceptions to the damages limitations in certain circumstances, including cases involving specific intentional conduct, certain efforts to conceal evidence, intoxication and some felony conduct. Whether any exception could apply in this particular incident would depend on the facts and any future legal proceedings.

The investigation into the Nashville medication error remains ongoing.

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AnnaMarie Houlis Weekend Editor

AnnaMarie Houlis is a journalist and author with more than 15 years of experience, thousands of bylines and four books covering everything from travel, lifestyle and wellness to finance, technology and business.

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