Medical Malpractice Law

Nurse Malpractice

Imagine you go to the hospital when you get sick. Mary, a nurse, is taking care of you. Unfortunately, Mary makes a mistake. She could give you the wrong medicine or something similar. So, you get sicker. Mary’s mistake can be nursing malpractice. You can file a nursing malpractice suit to get compensation for the harm Mary caused. But winning a nursing malpractice case isn’t easy. You’ll need to prove Mary didn’t provide the necessary standard of care. You also must prove her error caused your injury.

This article explains nursing malpractice. Nursing malpractice is a form of medical malpractice. Malpractice laws vary by state. Contact a medical malpractice lawyer in your area. They can give you legal advice and help you file a medical malpractice case.

What Is Nursing Malpractice?

Medical malpractice is when a healthcare professional’s mistake harms you. Nursing malpractice is a form of medical malpractice. It’s when you’re hurt by a nursing professional’s mistake. No matter how dedicated a nurse is to patient care, injuries or death can happen.

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 the patient’s condition for adverse changes. If the nurse doesn’t watch 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. An example is preventing bed sores.
  • Nurses are often responsible for updating medical records. Not doing so can cause your doctor to misdiagnose your condition.

How To File a Nursing Malpractice Claim

The steps to file a medical malpractice case vary by state. The specific evidence you’ll need to prove also depends on the particular facts of your case. A medical malpractice attorney in your area can review your case. They can help you file a medical malpractice claim and help you gather evidence to build the strongest possible claim.

Medical malpractice claims often settle out of court. Health care providers often have malpractice insurance. 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.

Proving Nursing Malpractice

Proving nursing malpractice is difficult. To win your case, you’ll need to show the following:

  • The nurse had a duty to you.
  • The nurse breached their duty to you. A breach of duty is when the nurse doesn’t provide the necessary level of care. That level of care is based on what a similarly trained medical professional would do in similar circumstances.
  • The nurse’s negligence directly caused you harm.
  • The nurse’s negligence harmed you in a way that entitles you to compensation.

Who Is Liable in a Nursing Malpractice Case?

Determining who’s liable in a nursing malpractice lawsuit is a crucial question. Generally, either the hospital or the attending doctor will be responsible.

The hospital may be liable if the following are true:

  • The nurse works for the hospital.
  • The nurse injured you while doing her job.
  • The doctor overseeing the nurse works for the hospital.

The hospital may not be liable if the doctor treating you is independent.

The doctor may be liable in the following situation:

  • The doctor was present.
  • The doctor could have prevented the nurse’s negligence.

Damages 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 case’s specific facts. The compensation you can receive includes the following:

  • Medical bills
  • Lost wages
  • Pain and suffering
  • Emotional distress

Contact a Personal Injury Lawyer for Help

It can be frustrating if a nurse’s mistake harms you. You have options if you find yourself in that unfortunate situation. Medical malpractice lawsuits can be complex. Contact a nursing malpractice lawyer for help. They can give you advice and guide you through the legal process.

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