Page 11 - SOUTH FLORIDA HOSPITAL NEWS MAY 2022

Annual Fire Door Inspections Malpractice Insurance

Answers to Some of Facility Managers EXPERT ADVICE

Most Frequently Asked Questions
Recent Court Decision Results
Why do we have to have What does it take to be an
our fire doors inspected? Inspector? Can we inspect our
Because it is part of the doors? in Chilling Effect on Reporting
Fire Prevention Codes Yes, keep in mind the AHJ
and is a requirement of and the Fire and Life Safety of Medical Mistakes
AHCA, CMS, TJC, and Codes require Inspectors to
the LAW know about the construction
of fire, smoke and egress BY VANESSA ORR case about patient safety—
Isn't checking fire doors doors. Inspectors must be specific to this one nurse’s
included in the Annual familiar with fire-rated door When a mistake is made actions—and she should not
Fire Prevention Inspection hardware, Fire Code require- in a healthcare setting, be practicing medicine
by the Fire Department? ments, materials, installation, doctors and nurses are because she allowed this to
It was in the past before BY DAN ARCE locking, and latching capabili- encouraged to report it happen,” said Murphy.
the Fire Prevention Code ties. They also must be capable immediately as a way to Part of the outcry in this
was changed, making of compiling the ITM report. mitigate the problem and case is that Vanderbilt
Annual Inspections the responsibility of to ensure that it doesn’t University Medical System
the building operators. Who is responsible for inspecting the happen again. Unfor - was not brought up on crim-
building's fire doors? tunately, a recent court inal charges, despite the fact
That doesn't seem fair. Aren’t fire inspec- Owners, property managers, Assoc - case is showing that shar- that its dispensing system
tions (including doors) why we pay our iation board members, etc. Anyone, if they ing this information Tom Murphy was malfunctioning.
taxes and assessments for Fire Protection? are responsible for operating or managing might not always be in Vanderbilt settled with the
Why should the burden of fire door inspec- a building. healthcare providers’ best interests. family early in the process yet took no
tions and maintenance be on us? In 2017, Vanderbilt University Medical responsibility to defend Vaught from her
It has always been the obligation of the How much does the inspection cost? Center nurse RaDonda Vaught mistaken- charges.
people responsible for the operation of the To determine the exact cost, National ly injected patient Charlene Murphey “This is why we tell our clients to
building to maintain the building's fire, FireDoor (NFD) would meet and discuss with the wrong drug. Murphey went into check their malpractice insurance to
smoke and egress doors in code compliant your service needs. Next, NFD would sur- a coma and later died, and Vaught was make sure that they have enough insur-
working order. vey your property and build a complete charged with criminally negligent homi- ance and that it is with a good company,”
"Door Schedule," – which includes a cide. said Murphy. “We all know how expen-
Why was it changed to call for mandato- count of every fire, smoke and egress door. “Vaught was using Vanderbilt’s drug sive a legal defense can be, especially in a
ry Annual Fire Door Inspections? Following this survey, you would be given dispensing system to get Versed for the criminal case.”
The importance of code-compliant fire, a proposal. patient, a sedative that is used when While most policies exclude coverage
smoke and egress doors to protect the patients get an MRI,” said Tom Murphy, for intentional criminal acts, professional
public has become very apparent. There What can the AHJs do to us? producer, National Health Care Practice liability policies will provide a defense
also was a problem in that Building These Authorities can levy fines, bring Danna-Gracey, a Division of Risk for policyholders charged with malprac-
Operators were not maintaining their charges in court, and in some severe cases, Strategies. “When the dispensing system tice or criminal malpractice as long as
"life-safety" doors. order Suspension of Operations. didn’t work, she overrode it and instead the act was not intentional.
Insurance companies can raise premiums, received Vecuronium, a paralytic that “While her insurance company should
Why has inspecting "life-safety" doors deny claims, or refuse coverage. State, city, caused Ms. Murphey to stop breathing. defend her through the trial and pay
become a problem to fire departments? or civil lawyers can charge or sue the “These systems often don’t work, and legal fees, Vanderbilt is not commenting
Fire Prevention Inspections by local Fire responsible parties for neglect because they are overridden all the time,” he on anything; they basically threw her
Departments have to cover so many differ- they didn't follow the fire code. This can added. “But after review, prosecutors under the bus,” said Murphy, noting that
ent fire protection elements. The number be very costly. If there is NO ITM book, it decided to charge her because she was Vaught has been raising funds via a
of fire doors, in some facilities (thousands sets the stage for the legal action. grossly negligent, saying that she missed GoFundMe page. “This is why we advise
of doors are not uncommon), make a number of red flags that she should healthcare professionals, including doc-
inspecting every door virtually impossible. What is included in a Full Service have caught prior to injecting the tors, nurses, PAs, and nurse practition-
Inspection package from National patient.” ers, to have their own insurance instead
What does AHJ stand for? FireDoor? Vaught was convicted in 2022, which of being covered by a hospital.
AHJ stands for the Authority Having A full-service package includes a com- sent a chilling effect throughout the “The shareholders or C-suite of the
Jurisdiction - it can be a Fire Marshal or plete survey of all of the Facility’s fire, healthcare community. hospital is going to do what is in the best
ACHA, CMS, TJC, Surveyor, etc. It is smoke and egress doors; ALL doors are ID “This conviction brought a huge out- interests of the hospital and not the
anyone who has the right to enforce the (QR - barcoded) with a label, and the cry from the American Nursing provider,” he added. “In this case, they
fire code on your facility. preparation of the ITM report and individ- Association (ANA) and nurses around settled with the family right away, when
ual door inspections is commenced. the country and the world,” said the right thing to do was to defend
Why are they making such a big deal • All fire doors in the facility are "profes- Murphy. “Mistakes are made in health- Vaught throughout the trial.”
over the fire doors? Ours have been here sionally" inspected. care all the time, and in this case, the He added that no matter how much
for more than 30 years with no problems. • Each door’s inspection results are mistake wasn’t caught and the patient time Vaught, who will be sentenced in
Why now? compiled in the database for inclusion in died. The ANA believes that this sets a May, receives, the case will have a chill-
In the life of the building, it only takes the final ITM report. dangerous precedent, as honest reporting ing effect on healthcare professionals for
one fire door to fail to do its job. It would • If desired, supervision of any repairs of mistakes can now get criminalized. years to come.
be best to have ALL your fire, smoke and and replacements resulting from the “Medical providers believe that this “The bottom line is that we’re already
egress doors working. If even one doesn't inspections to bring each door up to full verdict could create a negative impact experiencing staffing shortages, which
perform its function, people may die or get compliance. that could last for years,” he added. “If the pandemic hasn’t helped, and now
injured, or property is unnecessarily dam- • If some doors have unreadable "paint- providers can be criminalized for report- this is telling nurses working long hours
aged because the fire doors failed to do ed over" manufacturer's labels that have ing mistakes, the less likely it is that they saving lives that they could be criminally
their job and didn't confine the fire or been inspected and are considered compli- will report them.” charged for making a mistake,” he said.
smoke to the starting area, and it spreads. ant, they can be field relabeled. In this particular case, the district “It’s a real issue.”
A minor fire that a closed door could easily • Delivery of the ITM report to the attorney said that the charges were
contain could turn into an inferno. It's bet- client, either in printed or data format. brought against Vaught because she For more information, call Tom Murphy
ter to be "safe than sorry." missed a number of opportunities to or Matt Gracey at 800-966-2120 or visit
NFD can ensure your buildings conform catch her mistake. “He argued that it’s a www.dannagracey.com.
Have Annual Inspections proven their to the inspection requirements for your
value? facility. For a no-obligation consultation,
Very much so. Investigations of building contact NFD at (305) 233-1477 or ••••••••••••••••••••••••
fires - especially over the years in high rise info@Nationalfiredoor.com.
structures, show that noncompliance with We can make your buildings compliant Visit us online at
fire safety doors is a major contributing now and in the future.
factor in the loss of lives and property.
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