What Is Nursing Malpractice?

When it comes to medical malpractice, you might think about mistakes made by surgeons and doctors, but nurses may also be negligent. If a nurse's negligence leads to an injury, loss, or damage, it is considered a nursing malpractice case. Here is more information about nursing malpractice if you are in this situation and are considering suing.

The Different Types of Nursing Malpractice

With nursing malpractice cases, there are a few different types of malpractice, based on the type of negligence. There are incidents that involve the patient directly, while others are negligence having to do with something that affects the patient indirectly. For example, indirect malpractice may occur if equipment used in the patient's room to help them breathe wasn't properly inspected before hooking it up, which the nurse might have been asked to do. With direct malpractice, it might be that the nurse administered the wrong medication or injured the patient accidentally with a sharp tool.

Multiple People Can be Held Responsible

One unique thing about nursing malpractice is that some incidents may be the nurse's responsibility, while other lawsuits actually hold the medical facility or doctor on staff liable for the injuries. If the nurse was supposed to be closely supervised by an attending doctor, and they failed to supervise correctly, that doctor might be held liable for the mishap that occurred. However, if the nurse was negligent in a way that the doctor could not have prevented, then the nurse is likely held responsible. The hospital or medical facility may be liable if the nurse was doing something the hospital asked them to do, which then led to an injury or damages on your behalf.

You Need to Provide Proof of the Negligence

One of the hardest parts about a nursing malpractice case is that you need to provide proof that your illness or injury was a result of the nurse's negligence. This is often difficult to do as word-of-mouth isn't usually enough. Work closely with your malpractice attorney to gather the right evidence. Having witnesses who saw what the nurse did or didn't do is also helpful. For example, your sister may have been visiting you when the nurse brought in a medication to administer, and noticed the nurse did not double-check the medication or was talking on the phone while giving the medication. This is good proof that it was due to negligence.

If you experience loss, damages, or an injury do to a nurse's actions or inaction, get medical help immediately and make sure the hospital is aware of it. Consult a malpractice lawyer right away and save all paperwork from any surgeries, medications, or medical care you need as a result of the negligence.


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