Liability of a Nurse for Medical Malpractice

While many people assume that medical malpractice cases necessarily involve the negligence of a doctor, many medical malpractice cases result from nursing negligence, as well.  If you or a loved one has suffered an injury due to the negligence of a nurse, you may be able to file a suit against a nurse under applicable medical malpractice laws.

Proving Medical Malpractice Against a Nurse

The legal standard for proving a medical malpractice claim for nursing negligence is the same as that for a doctor or any healthcare provider.  More specifically, a claimant in a medical malpractice suit must prove that the nurse owed him or her a duty of care, that the nurse breached that duty of care by acting in a manner inconsistent with the reasonable standard of care, and that the claimant suffered injury as a result of the nurse’s breach of the duty of care.  The reasonable standard of care is measured by the nurse’s action, or inaction, in terms of a similar situation involving a person of similar education and skills.  In order to successfully sue a nurse for medical malpractice, you must meet this standard of proof.

Liability for a Nurse’s Negligence

While a nurse who has acted negligently so as to cause an injury to a patient is directly liable under medical malpractice laws, other persons and/or entities may be liable for the nurse’s actions, as well.  If the nurse is employed by a hospital or other healthcare facility, that entity may be liable for the nurse’s negligent actions.  Likewise, a doctor or other nurse who directly supervises the nurse who acted in a negligent manner may also be liable for the nursing negligence.

Consult an Attorney for Advice About Nursing Negligence

As medical malpractice laws vary widely from one jurisdiction to the next, and nursing negligence potentially involves a number of responsible parties, including doctors, other nurses, and hospitals, you should definitely consult an attorney about your claim.  Medical malpractice suits are subject to strict timelines and legal procedures, so you should be sure to contact an attorney as soon as possible after the alleged nursing negligence has occurred.