While medical malpractice is more often than not attributable to physicians, surgeons, and even pathologists, it is also commonly seen that medical malpractice arising out of nursing negligence happens in the best of hospitals and clinics from time to time.
Nevertheless, the law takes the same view on both and the penalty and/or compensation is the same.
What constitutes medical malpractice arising out of nursing negligence?
Medical malpractice arising out of nursing negligence is said to have occurred in the following circumstances:
· When there was a direct patient-provider relationship between a patient and a negligent nurse, wherein the nursing professional voluntarily took charge or was bound by professional duty to take charge of nursing the patient, or to provide direct care or observation.
· Where the nurse in question violated the prescribed standard of care, though he/she wasn’t physically present.
· Where the said act of negligence or dearth of adequate performance of the nurse’s professional duties actually caused, precipitated, exacerbated or assisted in the injury, damage, loss or any other harm sustained by the said patient.
· On top of this, where the act of nursing negligence was beyond a reasonable care standard and actually violated the nursing professional’s duty of care owed to the patient.
Any lawsuit for medical malpractice arising out of nursing negligence may entail the additional liability of parties that include your insurer, employer, physician and/or other members of the nursing staff who attended to you. All such suits are subject to state laws.
Nursing Standard of Care
Medical malpractice arising out of nursing negligence is often seen in cases where the nurse in question failed to carry out the attending physician’s orders completely or erroneously. This may include administration of wrong drugs, incorrect dosage of prescribed drugs or even using unsterile equipment to change dressings, causing further infection in operated and certain cases.
This of course, is subject to expert testimony to establish proper nursing standards in a court of law during a medical malpractice arising out of nursing negligence suit. Additionally, incorrect application of a surgical instrument or failing to observe certain conditions or even noticing certain conditions and failing to take the appropriate action also constitutes nursing negligence.
The patient or plaintiff is entitled to due compensation only when he has been actually injured by the negligent act of the accused nurse or nurses.
The patient’s other losses would also include financial loss, unnecessary extra medical expenses due to prolonged hospital stay, suffering and pain as also lost wages. These costs in their totality should be a part of the overall damages awardable. Alternatively, if no ill effects have been suffered by the patient, even though the nurse committed an act of negligence, the question of actionable liability does not arise.
RMFW Makes it a Habit of Winning
As nurses get more responsibility as initial caregivers to patients, anyone who’s convinced that he has been a victim of medical malpractice arising out of nursing negligence should immediately consult a legal pro to claim compensation. However, filing lawsuits are subject to a statute of limitations and you must file within a certain time frame. It is not open ended!
Rosenberg, Minc, Falkoff & Wolff LLP or RMFW Law is one such law firm that specializes in nursing negligence lawsuits and its team of nursing malpractice lawyers have successfully settled multimillion-dollar payouts on behalf of unfortunate patients and their surviving family members. Get in touch with us at 212 697 9280 for a free consultation.
The first meeting with us is free. RMFW Law charges you nothing up front and since we only take a percentage at the end it is as if we never charge you anything at all. You never write us a check! We only win if you win. We know how to win cases in a variety of ways and we have medical and nursing experts to back up your claim if it is viable.
Let’s see if it is. What is your side of the story? Call RMFW Law now!