Nursing Malpractice
Increased demands placed on nurses in the safe keeping and management of patients, and ever-expanding responsibilities as a nurse, have led to a concurrent expansion of legal liability for nursing malpractice.
However, the patient must establish that there was a departure from the accepted standard practices. This is care that would have been given by a prudent nurse practicing in the same circumstance.
Occasionally there are multiple accepted Standards of Care for the same circumstance.
A nurse is not negligent, as long as the nurse chose an approved method, even if that choice later turns out to be the incorrect method.
If the defendant nurse provided care that was consistent with accepted practice, the nurse will not be found negligent, regardless of outcome.
Required for Nursing Malpractice:
• Causal relationship between the act, or omission of acts, that departs from the accepted nursing standard of care and the patient’s subsequent injury.
• Established that if the nurse had not been negligent, with high probably, the patient’s injury would not have occurred.
• Supported by an expert witness testimony.
In order to prove Nursing Malpractice, all of the following elements must be established:
Duty owed the patient
Breach of duty owed the patient
Foreseeability
Causation
Injury
Damages
There are different levels of responsibility or liability for malpractice.
An individual is accountable for acts of negligence personally committed
The manager or supervisor may be held liable for the acts of the nurse if there has not been appropriate delegation of duties or adequate supervision
An employer may be liable for the acts of its employees for failing to do the following:
hire staff who has the qualifications and skills to perform the necessary functions
provide opportunities for the professional growth of the staff such as workshops and seminars
provide adequate library services
provide opportunities for exchange of ideas
provide adequate and sufficient equipment and supplies and maintaining them
ensure that managers and supervisors carry out their duties competently
If you are the patient, or a family member, who suspects Nursing Malpractice, contact a malpractice attorney – today.
If you are an attorney, please contact Krug Consulting to assist with your Nursing Malpractice cases.
Click to call us at 1 (844) LNC-KRUG • or Contact Us via email
Our Legal Nurse Consultants will review all the relevant documents, prepare reports, research Standards and locate testifying experts for plaintiff or defense.
When there was no negligence, we provide the facts to support the nurse.
Our Legal Nurse Consulting team knows how to analyze a case, find its weaknesses, and prepare an effective defense.
When something has been done incorrectly, we will find it.
This is absolutely necessary for the breakdown in the policy and procedure at the facility to be revised to prevent future occurrences, safeguarding patients and nurses.
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