Nursing Errors and Malpractice
When you’re under the care of a nurse, you trust that they have the training and competence to manage your condition. Unfortunately, nurses are not immune from making negligent mistakes that can result in serious personal injury, or even wrongful death. In fact, some nurses are underqualified, while others may act negligently or carelessly.
No matter the situation, you should know what to do if you suffer injury from a nursing error due to negligence. Our experienced medical malpractice team at Lerner and Rowe are skilled in all types of medical malpractice cases. If you suffer from a nursing error, you should contact us right away. That way you can focus on healing, and let us focus on seeking compensation for pain, suffering, and in the worst case scenario—the wrongful death of a loved one.
What is Nursing Error?
A nursing error occurs when a nurse behaves in a negligent manner and harms a patient. Nursing errors can happen in many different ways. For instance, a nurse may give the incorrect medication to a patient, or fail to take action when noting an adverse symptom. Some examples of nursing errors include the following:
- Failure to take action – If a patient is experiencing an emergency and a nurse notices (or fails to notice) something wrong but does not act, medical malpractice may have occurred. A competent nurse should know how to identify an emergency and when to notify a physician or other healthcare professional, and ask for help.
- Negligent use of equipment – Sometimes, nurses without the required knowledge or training may attempt to operate certain machines or equipment. Additionally, they may damage equipment, use equipment in improper ways, or use equipment on the wrong part of the patient. They may use the equipment on the wrong patient altogether. Such use is dangerous and can seriously harm a patient.
- Medication Errors – When registered nurses (RNs) administer medication to patients, it’s crucial that everything goes according to plan. Sometimes, though, nurses may administer the wrong medication. For instance, a nurse practitioner (NP) may administer an incorrect dosage of medication or a medication that the patient is allergic to/that causes an adverse reaction. In either of these scenarios the patient can experience serious personal injury, or wrongful death, at the hands of a negligent nurse.
What Constitutes a Nursing Error?
Just because a patient suffered injury doesn’t mean that malpractice occurred. Similarly, just because negligence occurred doesn’t mean a plaintiff is entitled to compensation. Both of these reasons are what make medical malpractice cases tricky. However, here are a few key facts to help you better understand what is needed to prove negligence occurred.
- A medical relationship – A medical relationship must have existed at the time of the patient’s injury. This means that the nurse must have been caring for (or should have been caring for) the patient when something went wrong.
- Negligence – Negligence means that the nurse responsible for the injury acted in a way that is outside the standard of reasonable care. In other words, any ordinary, competent nurse in a similar situation would have acted in a more careful manner than that of a negligent nurse.
- Harm – It’s not enough to prove that negligence occurred. The patient’s injury, or wrongful death, must have been caused in part from the nurse’s negligence.
- Liability – Depending on the circumstances, different entities could be liable for nursing malpractice. If an attending doctor was with the nurse and should have known that the nurse was doing something inappropriate, the doctor or hospital may be liable. Alternatively, hospitals may be liable if no doctor was present or in control of the nurse’s actions, or if the nurse was fulfilling a job duty and was employed by the hospital.
Other possible entities liable for nursing malpractice include student nurse practitioners, nursing para-professionals, and other healthcare professionals who were responsible for the patient’s care.
What Can Be Done After a Nursing Error Has Occurred?
To prove nursing malpractice happened can be a challenging task. Lerner and Rowe’s medical malpractice team knows the ins and outs of medical malpractice law, but here are some of the basics you should know if you think you have a nursing malpractice case.
Evidence – Any medical malpractice case requires evidence to prove negligence. Documents such as prescriptions, receipts, medical bills, discharge forms, treatment records, and others can help establish the grounds for a medical malpractice case.
Expert Testimony – Our medical malpractice team consults with experts in the medical field to determine whether the responsible party acted negligently. Simply put, having an authoritative figure on your side is critical to your case.
Pursuit of Compensation – It can be close to impossible to go after the responsible party by yourself. Our team knows how to navigate medical malpractice law and works hard to pursue the compensation you deserve. Don’t try to do it alone. Contact Lerner and Rowe today to learn what we can do for you!
Suffer Injury from a Nursing Error?
If you believe you or someone you know is a victim of a nursing error, contact Lerner and Rowe Injury Attorneys today! Don’t pursue a personal injury case alone. Our experienced medical malpractice team will work hard for your just compensation for any injuries, pain, and suffering. Consultations are free, and we don’t collect a penny until we win your case.
Feel free to contact us during our office hours Monday through Friday from 8:00 a.m. to 5:00 p.m. Also, you can call us anytime at 844-977-1900. Finally, you can reach us online through a contact form or by taking advantage of our LiveChat feature.
Don’t navigate the law alone. Seek the aid of Lerner and Rowe Injury Attorneys today!