Nurses, the backbone of our healthcare system, play a pivotal role in patient care. While they may not take the renowned Hippocratic Oath as doctors do—an oath enshrining ethical standards and obligations towards patients—they are nevertheless bound by a stringent code of nursing conduct. This code outlines their duty of care, underscoring the importance of offering quality healthcare to patients and upholding moral and professional standards. If they deviate from this standard and cause harm to patients, doctors and other health practitioners can be held liable. 

This guide delves into the implications, focusing primarily on legal consequences borne by nurses in instances of negligence.

Nursing Negligence and Medical Malpractice

Medical malpractice, as attorney Russell J. Berkowitz explains, refers to a deviation from the standard of care by health providers. This standard of care, which applies to doctors, nurses, and pharmacists, stipulates the degree of prudence, caution, and judgment expected of a healthcare professional under similar circumstances.

All health providers have a duty to adhere to this standard, ensuring safe and efficient patient care. Failing to live up to the standard of care could trigger severe consequences for health professionals involved. 

Examples of Nurse Malpractice

Each professional in the healthcare sector plays a unique part in providing care and is held accountable for any mistakes that stem from their specific duties. Correspondingly, malpractice claims against nurses arise from failures within their scope of work. 

One such instance is neglecting patient requests for assistance; for example, when a patient urgently needs help, yet the attending nurse ignores the call, this can result in a harmful event. 

Similarly, failing to act or report a critical issue is a significant misstep. For example, if a patient develops bedsores due to prolonged immobility, the nurse must take preventive measures and document the condition. Inaction can exacerbate the patient’s condition and may lead to a lawsuit. 

Injury to a patient resulting from accidents, such as dropping them during transfer, is another potential cause for litigation, even if unintentional. Moreover, improper medication administration, like incorrect dosages, patient mix-ups, or incorrect timing, can cause significant harm and lead to malpractice claims. 

Is Verbal Abuse Considered Nursing Malpractice?

As a complainant in a medical malpractice lawsuit, you’re tasked with demonstrating that verbal abuse resulted in tangible harm, such as emotional distress or triggering severe conditions like heart attacks. 

This requirement can pose significant challenges, as malpractice cases typically prevail when patient damages are quantifiable, a criterion that might not be as clear-cut in verbal abuse situations. 

Despite these hurdles, it remains paramount to hold healthcare professionals accountable for any form of maltreatment. So, if you feel that verbal abuse has caused you or your loved one harm, you may need to talk to a medical malpractice attorney for guidance.

Proving Nurse Negligence in a Malpractice Lawsuit

In a medical malpractice lawsuit, proving negligence is pivotal for demonstrating liability. Negligence comprises four elements: duty, breach, causation, and harm. These elements, interconnected, form the backbone of your case. You, or your lawyer, must prove that the nurse had a duty of care towards the patient, breached that duty and such breach directly caused harm. 

Evidence plays a cornerstone role in this endeavor. You’ll need tangible exhibits like medical records, eyewitness testimonies, and expert opinion to substantiate your claims. Given the complexities of malpractice cases, engaging a lawyer could significantly bolster your case. 

You could recover damages for medical expenses, lost wages, and pain and suffering if successful. However, it’s crucial to recognize that many jurisdictions introduce caps on non-economic and punitive damages, affecting your potential settlement.

Conclusion

In conclusion, nursing negligence highlights nurses’ critical responsibility in ensuring patient safety. Breaches in care, whether through errors, inaction, or verbal misconduct, can lead to serious patient consequences and legal accountability for healthcare professionals. For those affected, consulting an experienced attorney is vital to navigating malpractice claims, seeking justice, and upholding accountability, which safeguards patient trust and the integrity of the nursing profession.