Nursing Malpractice: Everything You Need to Know

Nursing malpractice is the result of a nurse failing to perform his or her duties, which results in harm to the patient. There are many actions, or lack thereof, which may constitute nursing malpractice; however, four factors must be met before filing a malpractice suit:

Nurses’ duties include caring for patients, following physician orders, and following the policies and protocols of the institutions that employ them. If any of these actions are ignored or violated, there could be grounds for malpractice or negligence.

A breach of duty provides evidence that shows the nurse did not fulfill his or her nursing duties to a patient and occurs when the nurse fails to provide a safe environment for the patient.

If damages occur due to a breach of duty, the nurse can be held liable for malpractice. However, if a patient has an incident but is not injured, it will be determined that no damages occurred, therefore, no malpractice charges can be applied.

For causation to be satisfied, you must be able to show a cause and effect regarding the injury, which is often the most difficult criterion to meet.

Below are a few scenarios listed to clarify what constitutes malpractice in the nursing environment.

Because of the amount of time a nurse spends with a patient, he or she is more likely to notice new issues that arise in a patient. A nurse is typically the first person to arrive if there is an emergency. A nurse who neglects to share updated information with a doctor or other nurses is liable for malpractice. A nurse who arrives first to an emergency and does not take the appropriate steps, such as calling a doctor or administering medication, is also liable.

Misuse of medical equipment can take place in many ways. Using equipment incorrectly or setting it too close to a patient while it is in use could result in an injury. Accidentally knocking a piece of equipment unto a patient or forgetting a sponge inside a body cavity after surgery also could be grounds for malpractice.

A nurse will commonly follow a doctor’s order to administer medication to a patient. The nurse could be accused of malpractice if he or she fails to follow through with this order. The same is true if the medication is administered incorrectly, such as into a muscle versus a vein or injected into the wrong patient.

A common question in nursing malpractice cases asks if the attending doctor or hospital can be held responsible or partly responsible for a nurse’s malpractice. A hospital may be liable financially or legally if:

The attending doctor who was the nurse’s supervisor may be liable:

Whether you are a nurse who is accused of malpractice or you are a victim of nurse malpractice, it is important to contact an attorney to review the specific details of your case. The attorneys at Gordon, Elias, & Seely LLP understand the emotional and financial tolls that nursing malpractice can have on the individuals involved. We are ready to handle your case with the care and efficiency needed to resolve your case promptly. Call us today at 800-773-6770 for a free consultation.

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