Nursing Malpractice: What Happens if a Nurse or Tech Makes an Error in My Care?

Nurses care for their patients continuously throughout their hospital stays. From nurse practitioners to nurses who assist during surgical procedures, the nursing profession holds multiple roles in support of physicians and overall patient care. All nurses are trained to exercise a duty of care to every single patient — but sometimes mistakes happen that result in nursing malpractice.

Defining Malpractice in Nursing 

Medical malpractice against nurses is typically filed by a patient who experienced substandard care or made an error that resulted in more harm to a patient. These actions of malpractice may apply to nurses, medical technicians, certified nursing assistants and other roles that are within a physician’s care team. Nursing malpractice may occur within hospitals, primary care offices, ambulatory centers, medical clinics and other locations where medical care is given.

Regardless of where a patient receives care, all nurses are trained to act under a specific duty of care. Nurses have a duty to:

• Conduct all care appropriately and safely;
• Monitor their patient’s condition and vital signs consistently;
• Take actions swiftly in emergency situations;
• Update medical records adequately;
• Administer the correct medications;
• Inform the physician of any major changes in the patient’s care; and
• Ensure all pre- and postoperative surgical procedures are complete.

If a nurse fails to properly give care or omits to inform physicians of pertinent information, they may be held responsible in the event of medical malpractice.

Proving Nursing Malpractice 

Nurses who do not properly perform their role may be held liable for their lack of care and attention to their patients. Medical malpractice attorneys who work on a nursing malpractice case will look for these factors in order to prove medical malpractice occurred in your case.

1. The nurse had a duty to you as their patient.
2. They acted with negligence, which means they did not provide the level of care similar to that of others in their profession.
3. The nurse’s negligent acts directly resulted in harm to you.
4. You obtained a physical injury, or other substantial damages, because of your nurse’s lack of care.

If all four of these factors are present, your nurse may be held responsible in a medical malpractice case.

When to Consult a Medical Malpractice Attorney

As experienced medical malpractice attorneys, we advise patients to immediately contact an attorney if you believe you were harmed by your nurse. Victims of nursing malpractice may be able to file for economic and non-economic damages such as extended hospital time, medical bills, pain and suffering, and more.

Additionally, it is important to note that both Missouri and Illinois have specific statutes of limitations in medical malpractice cases. These statutes limit the amount of time you are able to file a claim if you experienced an injury while receiving medical care.

Obtain a Free Nursing Malpractice Consultation 

Zevan Davidson Roman has represented hundreds of medical malpractice victims throughout Missouri and Illinois. Whether you have been injured at the hand of your nurse, physician or another medical professional, we are here to fight for the compensation you deserve to get your life back on track. Contact our office to schedule your free consultation.