Getting the best possible care is something you expect going into a doctor’s office, hospital, or upcoming medical procedure. When it comes to handling your medical care, you will likely have a team of professionals dedicated to your care. This can include doctors, CNAs, and nurses.
The role that a nurse plays in the care of their patients is so important. When a doctor can’t be present, a nurse usually is. A nurse acts as the eyes and ears of a doctor and keeps them informed about a patient’s progress or situation. In addition, they are usually responsible for regular checks on the patient and recording the vital signs and symptoms of their patient(s).
Unfortunately, mistakes can be made even by the most skilled medical professionals.
When people make a mistake at work, it is usually harmless in the grand scheme of things. Medical professionals, however, have a heavier burden to bear regarding workplace errors. Injury, deterioration, and death are possible when it comes to medical errors and negligence.
Medical malpractice at the hands of a nurse can be defined as an incident where a nurse strays from the standard duty of care with an action that causes harm to a patient either in a hospital setting or other locations such as a doctor’s office or nursing home. The negligence on behalf of the nurse must cause emotional or physical injury, even death, while the patient is under their direct care.
How Does Nursing Malpractice Happen?
A nurse is responsible for the basic needs and overall care of a patient in a hospital, doctor’s office, nursing home, or similar setting.
When a nurse fails to uphold the duty of care, errors can occur that harm the patient. If this occurs where another competent nurse would not make this type of mistake, it is likely to be considered medical malpractice.
Common Nursing Malpractice Errors
There are several common errors or missed actions that can legally be considered medical malpractice at the hands of a nurse.
- Failure to assess and monitor a patient in their care
- Failure to communicate issues or concerns about a patient’s condition could result in further injury
- Failure to use any medical equipment correctly and responsibly
- Not following the doctor’s orders
Filing a Medical Malpractice Claim Against a Nurse
Filing any medical malpractice claim can be challenging. You’re going up against medical professionals that have backing from the entire medical community and likely a very strong insurance company.
The nursing malpractice allegations above are the most commonly used when filing a medical malpractice case. However, the most common is not upholding the duty of care or standard level of care that is to be provided.
Whether it involves not administering medication at the proper time or not following the appropriate protocol for a sick patient, the medical malpractice claim must exemplify intent on behalf of the nurse. If the nurse’s actions lead to injury or death, you have every right to get an attorney that is experienced in medical malpractice to file a claim and handle your case.
Proving malpractice is the primary duty of your attorney. To prove a nurse’s medical malpractice, you will likely need the testimony of another skilled medical professional that knows of or is associated with a case like yours. They will be able to confirm whether or not a competent nurse would have done the same action (or misaction) in that particular situation.
Keep in mind, however, there is an entire medical team associated with your case. Your attorney will need to collect all of the information relevant to your case, including who was on it.
While the attending nurse might have been responsible for a specific action, there could be other contributing factors that led to your injury or damages. Because nurses are employees of hospitals, nursing homes, etc., the place of employment is also indirectly liable for such errors as well.
Your attorney will need to prove that the specific nurse you are filing a medical malpractice claim against:
- Is employed by that location
- Was on your specific medical team
- Was on the job at that time
- Was not being supervised at the time the medical malpractice error may have occurred
Turn to Attorney Steve Newman for Your Medical Malpractice or Personal Injury Case
Licensed to practice law in state and federal courts in both New York and New Jersey, Attorney Steve Newman has represented clients in all 50 states for over three decades and is prepared to represent you in winning your case.
Practicing law in medical malpractice, personal injury, construction litigation, and more, Steve Newman utilizes an extensive network of board-certified physicians to analyze whether medical malpractice occurred.
Contact the Law Offices of Steve Newman today for an attorney committed to you and your claim.
