Nursing Malpractice Law under Personal Injury
Nursing Malpractice Law under Personal Injury
What is Nursing Malpractice?
Nursing malpractice is a specific type of professional negligence under personal injury law. It occurs when a nurse fails to provide the standard of care expected of a reasonably competent nurse, causing harm to a patient.
Key Elements of Nursing Malpractice
To succeed in a nursing malpractice personal injury claim, the injured party (usually the patient) must prove these four elements:
Duty of Care
Nurses owe patients a professional duty to provide care consistent with accepted nursing standards.
Breach of Duty
The nurse breached this duty by failing to act as a competent nurse would under similar circumstances (e.g., administering the wrong medication, failing to monitor vital signs).
Causation
The nurse’s breach directly caused or contributed to the patient’s injury.
Damages
The patient suffered actual damages (physical injury, emotional distress, additional medical costs).
Common Examples of Nursing Malpractice
Medication errors (wrong drug, dose, or timing)
Failure to monitor patient conditions adequately
Neglecting to report symptoms or complications to physicians
Improper use of medical equipment
Failing to maintain patient hygiene, leading to infections or bedsores
Important Considerations
Standard of Care
The nursing standard of care is often defined by professional guidelines, hospital policies, and expert testimony.
Expert Testimony
In malpractice claims, experts in nursing typically testify to establish the standard of care and whether it was breached.
Shared Liability
Sometimes liability may be shared among multiple healthcare providers or the hospital.
Hypothetical Case Law Examples
Case 1: Williams v. Green Hospital
Facts: A nurse administered a medication at twice the prescribed dosage, leading to severe allergic reaction in the patient.
Holding: The court found the nurse breached her duty by not double-checking the dosage and caused the patient’s injury. Damages were awarded for medical treatment and pain.
Legal Principle: Nurses must adhere strictly to medication protocols; failure to do so is negligence.
Case 2: Roberts v. City Medical Center
Facts: A nurse failed to monitor a patient’s vital signs post-surgery, and the patient suffered a preventable complication.
Holding: The court held the nurse liable for breaching the duty to provide proper monitoring, which caused harm.
Legal Principle: Continuous monitoring is part of the nurse’s duty; failure may constitute malpractice.
Case 3: Taylor v. Johnson Nursing Staff
Facts: A nurse did not report a patient’s escalating symptoms to the physician in time, resulting in delayed treatment and worsening condition.
Holding: The court ruled the nurse negligent for failing to communicate critical information, establishing causation between breach and injury.
Legal Principle: Effective communication within medical teams is essential to meet the standard of care.
Conclusion
Nursing malpractice under personal injury law focuses on whether a nurse met professional standards in providing care. Failure to meet these standards—resulting in patient harm—can lead to liability. The injured patient must prove duty, breach, causation, and damages, often with expert support.
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