Nurse medical malpractice cases
If a doctor fails to provide proper medical care due to negligence or carelessness which results in injury or harm to a patient, that patient may have a claim of medical malpractice.
However, medical malpractice cases don’t only involve negligence on the part of doctors or surgeons. Medical malpractice can also occur when nurses fail to competently perform their medical duties in a way that a normally competent nurse in the same situation would, the result being injury or harm to a patient.
There are number of ways that nurses can harm patients in their care:
- Administering the wrong medication
- Failure to notify a doctor of changes in a patient’s condition/worsening condition
- Injuring a patient with a piece of medical equipment
- Not taking the right steps if there is a concern for the patient’s welfare/safety
- Failing to effectively communicate discharge instructions
A key factor in nursing malpractice cases centers around who is responsible for the negligent or reckless acts of a nurse.
Who is responsible?
When a nurse makes an error in caring for a patient due to negligence or carelessness, they can be held liable for medical malpractice. However, in some nurse medical malpractice cases, other professionals can also be found to be liable as well. This could include a supervising doctor in cases involving a nurse practitioner, for example, or a surgeon who is using nurses to assist in a procedure.
The employer of the nurse can also be found to be liable in cases involving nursing malpractice. This could include a hospital, surgical or doctor’s office, or dental office. Under the legal doctrine of “vicarious liability,” an employer can be held liable for the mistakes of a negligent nurse, even though they were not directly responsible for the alleged negligence.
When is legal action necessary?
The majority of nurses in the U.S. are hard-working, caring, and diligent in the performance of their job. As such, many people are hesitant when it comes to filing medical malpractice lawsuits against nurses.
However, victims of medical malpractice should have the right to be adequately and fairly compensated for economic losses such as medical expenses and loss of income as well as non-economic damages such as pain and suffering and loss of consortium. That means having the legal right to bring claims against any entity, whether it’s a nurse, doctor, and/or hospital if negligence is involved.
Are you feeling confused and worried about your rights and not sure if you have a case, then you will want to hire an attorney. Contact Scott S. Harris, a skilled California medical malpractice attorney in San Diego, for a free consultation. It’s his job to determine if your injury was caused by negligent performance. And all cases are taken upon a contingent fee basis; he doesn’t get paid unless you do.