When people think of medical malpractice, they often imagine doctors making errors in treatment. However, nursing malpractice can also occur when a nurse fails to meet the standards of their profession, causing harm to a patient. Nursing malpractice claims are similar to those brought against doctors, often requiring expert testimony to prove that a nurse’s actions fell below the appropriate standard of care, leading to the patient’s injury.
Common Examples of Nursing Malpractice
Nursing malpractice doesn’t cover every poor outcome. It generally involves specific types of negligence, such as:
- Medication errors: A nurse might administer the wrong medication or dosage, or give medication to the wrong patient, leading to harmful effects.
- Equipment mishandling: Mistakes such as failing to remove medical equipment after a procedure or using equipment improperly can result in injury.
- Failure to address emergencies: A nurse who fails to recognize and respond to a medical emergency or does not follow hospital protocols can be liable for harm caused to the patient.
Nursing malpractice claims generally must demonstrate three key elements:
- The nurse owed a duty of care to the patient.
- The nurse breached that duty by failing to meet the expected standard of care.
- The breach directly caused the patient’s injury.
Hospital and Doctor Liability in Nursing Malpractice
In many nursing malpractice cases, injured patients may also sue the hospital or the attending doctor. Nurses are often employees of the hospital, which means the hospital can be held responsible for the nurse’s negligence if the nurse was acting within the scope of their employment. In contrast, if a nurse was acting under a doctor’s supervision, the doctor may be held liable, particularly if they were present when the malpractice occurred or issued improper instructions.
Suing Hospitals for Nursing Malpractice
Hospitals can be held liable for a nurse’s malpractice if:
- The nurse was employed by the hospital.
- The nurse was acting within the scope of their employment.
- The nurse was not being supervised by a doctor who was not employed by the hospital.
When Doctors Are Liable
If a doctor was present and supervising the nurse at the time of the error, they may be held liable instead of the hospital. However, the hospital could still be held responsible if a nurse followed improper instructions from the doctor, especially if the nurse knew they were inappropriate.
How LawyerUp.AI Can Help
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