Nurse Malpractice

Nurses provide a lot of patient care during medical procedures, hospital recovery, and at your doctor’s office. However, nurses can make serious mistakes. A nurse could give you the wrong medicine or fail to mark your chart. When a nurse makes a serious mistake, you can file a nursing malpractice suit to get compensation for your injuries.

This article provides an overview of nursing malpractice cases. Nursing malpractice is a form of medical malpractice. Malpractice laws vary by state. Contact a medical malpractice lawyer to help you with a nursing malpractice claim.

What Is Nursing Malpractice?

Medical malpractice happens when a health care professional’s mistake causes harm. Nursing malpractice is a form of medical negligence or medical malpractice. It involves negligent care by a nursing professional. Nursing negligence happens when they fail to follow proper standards of care. No matter how dedicated a nurse is to patient care, mistakes can be serious and cause injuries or death.

Common examples of nursing malpractice include the following:

• The nurse gives you the wrong medication. Medication errors are a common type of malpractice.
• Nurses typically monitor patients’ conditions and vital signs for adverse changes. If the nurse doesn’t monitor you, your condition could get worse.
• The nurse injures you with a piece of medical equipment.
• Specialized nurses sometimes provide treatment. A nurse practitioner is an example. It can be malpractice if the nurse makes a mistake during the treatment.
• The nurse doesn’t give you the required care. For example, the nurse doesn’t act in an emergency. Nurses must also provide routine care, such as preventing bed sores.
• Nurses are often responsible for updating medical records. Not doing so can cause your doctor to misdiagnose your condition.

How Do You File a Nursing Malpractice Claim?

The steps to file a medical malpractice case vary by state. The evidence you’ll need to prove also depends on your case. A local medical malpractice attorney can review your case. They can help you file a nursing malpractice claim and gather evidence to make sure you recover compensation.

The majority of malpractice claims settle before they go to trial. Most health care providers have malpractice insurance that covers negligence claims. In a lawsuit, providers are represented by an insurance company.

The insurance company can offer you a settlement instead of going to court. That insurance company may offer you a settlement instead of going to court, but you should always talk to a lawyer to review a settlement offer before accepting it.

How Do You Prove Nursing Malpractice?

Proving nursing malpractice is difficult. As the plaintiff, you have the burden of proving that the registered nurse is responsible for your injuries. To win your medical malpractice claim, you’ll need to show the following:

• The nurse owed you a duty of care as the patient
• The nurse breached their duty of care by failing to follow medical standards
• The nurse’s negligence directly caused you harm
• You suffered physical injury and financial loss as a result

Proving a breach of duty is based on professional nursing standards. Nursing standards provide what a reasonable medical professional would do in similar circumstances. If your nurse did or didn’t do what a reasonable nurse would, they didn’t follow the nursing standards of care. If the nurse caused your injury, they’re liable for damages.

Most nursing negligence cases use expert witnesses to prove the nurse breached their duty of care. An expert witness is a nursing expert in a similar field who can explain standard nursing practices to the jury. An expert can explain how your nurse failed to follow nursing standards and caused your injuries.

Who Is Liable in a Nursing Malpractice Case?

Determining who’s liable in a nursing malpractice lawsuit is crucial. Multiple parties can share responsibility for your injuries. In a nursing malpractice case, liable parties can include:

• Nurses
• Supervising nurses
• Attending physicians
• Medical clinics
• Hospitals

Even if the nurse caused your injuries, the hospital can be liable as the nurse’s employer. If the nurse caused your injuries while in the course of their nursing duties, the hospital can share liability for damages.

Compensation in a Nursing Malpractice Case

You’re entitled to compensation for losses caused by the nurse’s negligence. Damages in a nursing malpractice lawsuit depend on your losses. Compensation can include economic damages and non-economic damages. When you file a nursing malpractice lawsuit, compensation can include the following:

• Medical bills
• Lost income
• Continuing medical care
• Loss of earning potential
• Pain and suffering
• Emotional distress

If your loved one died as a result of medical malpractice in a hospital, nursing home, or other facility, family members can file a wrongful death lawsuit for compensation. Talk to a medical malpractice lawyer about your legal options.

How Can a Nursing Malpractice Lawyer Help?

Dealing with poor medical care is frustrating. Many patients don’t think they have any options after suffering because of bad nursing care. If a nurse’s mistake harms you, you can take legal action to recover compensation. A nursing malpractice lawsuit is a way to get money for your losses and hold the health care system accountable.

You have a limited time to file a medical malpractice lawsuit. The statute of limitations for filing a malpractice claim differs in every state. A personal injury lawyer focusing on medical and nursing malpractice lawsuits can review your case and make sure you file your claim in time. Talk to a lawyer to find out about your legal rights after a nursing injury.