Medical malpractice comes in many forms, and it is not always an issue with a doctor or surgeon. Many malpractice cases involve negligence by the nurse or nurse practitioner. Here is more information about nursing malpractice.
What can be considered nursing malpractice?
There are a variety of negligent acts committed by a nurse that might qualify as nursing malpractice. For example, if the nurse in question did not take the right steps and instead ignored a problem they knew about, that could be considered negligence. A nurse is often the first person a patient sees, and their observations may be the reason a patient receives inadequate care. It can also be nursing malpractice if the nurse injuries a patient with equipment, such as burning the patient or knocking heavy medical equipment over on them. They might have also given the wrong medication, which is also considered malpractice.
Who is held responsible for nursing malpractice?
If you are the victim of nursing malpractice, the next thing to determine is who to hold responsible. This will tell you who you can sue if negligence by a nurse leads to an injury or worsening of your current medical condition. Even though it was the nurse's wrongdoing, they are usually not held responsible and are covered by very good insurance. The next person to look to suing is the attending doctor. They are the nurse's supervisor and are therefore responsible for them. If the doctor was present when the incident occurred, they could be held liable for the injury.
The hospital might also be held responsible for a nurse's negligence. The nurse must be an employee of the hospital, be doing their job at the time the negligence occurred, and not have a doctor not employed by the hospital supervising them. A personal injury lawyer, like those at Kornfeld Robert B Inc PS, can help you determine who to name liable in your individual case.
Do you need an expert testimony?
Medical malpractice cases are complicated when they go to court, so it is common to require expert testimonies for this type of case. You need a medical expert that understands how a hospital works and knows what a nurse's obligations are. They will need to testify that this nurse knew what was expected, and that negligence resulted in an injury or illness that could have otherwise have been avoided.
This is not a simple type of lawsuit, so getting an attorney that specializes in medical malpractice cases is essential. They will help go through your evidence, interview medical professionals, and find an expert to provide testimony for your case.
Share10 June 2015
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