Nursing Malpractice

Nursing malpractice is professional negligence by a nurse that results in harm to a patient. It can occur when a nurse fails to provide appropriate care or fails to meet the standard of care for the profession, resulting in injury or harm to the patient.

Examples of nursing malpractice can include administering the wrong medication, failing to properly monitor a patient’s condition, or failing to provide appropriate treatment for a patient’s condition.

Medical malpractice and nursing malpractice are similar in that they both involve professional negligence by a healthcare provider that results in harm to a patient. However, they are not exactly the same.

Medical malpractice is professional negligence by a physician or other licensed medical professional (such as a surgeon, dentist, or chiropractor) that results in harm to a patient.

Nursing malpractice, on the other hand, is professional negligence by a nurse that results in harm to a patient. Both require a deviation from the standard of care, but the standard of care for medical professionals and nurses is different.

How Can Nursing Malpractice Be Proved?

Proving malpractice in nursing can be a complex process that typically involves the following steps:

1. Establishing a duty of care: It must be shown that the nurse had a legal duty to provide appropriate care to the patient.
2. Proving a breach of duty: It must be shown that the nurse failed to provide appropriate care or failed to meet the standard of care for the profession, resulting in injury or harm to the patient.
3. Showing causation: It must be shown that the nurse’s actions (or inaction) directly caused the patient’s injury or harm.
4. Demonstrating damages: It must be shown that the patient suffered actual harm or damages as a result of the nurse’s actions.
5. Having a qualified expert witness: It is often necessary to have a qualified expert witness (such as a licensed nurse) testify as to the standard of care, the nurse’s actions, and how those actions deviated from the standard of care.

It’s also important to note that in some jurisdictions, the healthcare facility or employer may also be held liable for the malpractice of the nurse if they can be proven to have been negligent in supervising, training, or hiring the nurse.

What is a Breach of Duty in Nursing?

A breach of duty in nursing refers to a failure by a nurse to provide appropriate care or to meet the standard of care for the profession. This can occur when a nurse fails to follow established protocols, fails to properly monitor a patient’s condition, or fails to provide appropriate treatment for a patient’s condition.

Examples of breach of duty in nursing can include:

• Administering the wrong medication
• Failing to properly document a patient’s condition
• Failing to recognize and report changes in a patient’s condition
• Failing to properly clean and dress a wound
• Failing to provide adequate patient education
• Failing to follow physician’s orders

It’s important to note that a breach of duty does not necessarily mean that a nurse intended to harm a patient; it simply means that the nurse failed to meet the standard of care and, as a result, the patient was harmed.

What Are Some Examples of Nursing Malpractice?

Some nursing malpractice examples include the following:

• Administering the wrong medication: A nurse administers a medication to a patient that was prescribed for another patient or administered an incorrect dosage, which results in injury or harm to the patient.
• Failing to monitor a patient’s condition: A nurse fails to properly monitor a patient’s vital signs or symptoms, which results in a delay in diagnosis or treatment and causes harm to the patient.
• Failing to properly document a patient’s condition: A nurse fails to document a patient’s symptoms, vital signs, or treatment, which results in a delay in diagnosis or treatment and causes harm to the patient.
• Failing to recognize and report changes in a patient’s condition: A nurse fails to recognize and report changes in a patient’s condition, such as a decline in the patient’s condition or the development of new symptoms, which results in a delay in diagnosis or treatment and causes harm to the patient.
• Failing to properly clean and dress a wound: A nurse fails to properly clean and dress a wound, which results in infection and further harm to the patient.
• Failing to provide adequate patient education: A nurse fails to provide adequate patient education about a treatment, medication, or discharge instructions, which results in the patient being unable to properly care for themselves and causes harm.
• Failing to follow physician’s orders: A nurse fails to follow a physician’s orders, such as not administering the medication on time, not performing a procedure as ordered, or not reporting a change in the patient’s condition to the physician, which results in harm to the patient.

It’s important to note that not all adverse events in healthcare are considered malpractice; it must be proven that the nurse’s actions deviated from the standard of care and caused harm to the patient.

Can Verbal Abuse Be Considered Nursing Malpractice?

Verbal abuse by a nurse can potentially be considered nursing malpractice if it results in harm or injury to a patient. Verbal abuse can include verbal threats, intimidation, derogatory remarks, and name-calling, which can cause emotional distress, anxiety, and depression to the patient and can affect their recovery negatively.

However, proving that verbal abuse caused harm to a patient can be difficult since it is an emotional injury, not a physical one. To prove malpractice, it needs to be demonstrated that the nurse’s actions deviated from the standard of care and caused harm to the patient.

Expert testimony would be necessary to establish that the nurse’s conduct was below the standard of care and that it caused harm to the patient.

It’s worth noting that verbal abuse by a nurse is a serious matter, and it should be reported to the proper authorities regardless of whether it meets the standard for malpractice or not. The healthcare facility or employer should have policies and procedures in place to address and prevent verbal abuse by nurses.

Who Can Be Held Liable for Nursing Malpractice?

Liability for nursing malpractice can be complex and depends on the specific circumstances of the case. In general, nurses can be held liable for malpractice if it can be proven that they failed to provide appropriate care or failed to meet the standard of care for the profession, resulting in injury or harm to the patient.

The nurse can be held individually liable for their actions or omissions and can be sued for damages by the patient or the patient’s family. In some cases, the nurse’s employer or the healthcare facility can also be held liable for the nurse’s actions if it can be proven that they were negligent in supervising, training, or hiring the nurse.

Do I Need a Lawyer for Help with My Nursing Malpractice Claim?

It is generally recommended to consult with a personal injury lawyer if you are considering filing a nursing malpractice claim.

A lawyer can provide guidance on the legal process, help gather evidence and documentation, and represent you in court if necessary. They can also help you understand your rights and the potential outcome of your case.