Nursing Injury Claims
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What are Nursing Injury Claims?
Nursing injury claims are a specific type of personal injury claim involving the negligent or reckless care by a nurse. These types of claims are usually classified under medical malpractice laws, but they can also form a distinct category of legal claims. This is because nurses have a very specific set of skills and are therefore held to their own standards when it comes to medical care.
Nursing injuries can sometimes be very serious. The duties of a nurse are very expansive and therefore the patient can be exposed to various risks when under the care of a nurse. Also, a nurse’s error can sometimes affect the entire treatment process, especially if the different medical treatments are dependent on the nurse’s preparation of the patient.
What are Some Examples of Injuries Resulting From Nursing?
Some common examples of nursing injury claims may include:
- Medical sponges left in areas of the body after a surgery
- Incorrect administration or dosages of anesthesia or medicines
- Giving the patient the wrong instructions on how to take medicine
- Leaving a patient unattended, resulting in a fall or other type of injury
- Poor or incorrect bandaging
- Various administrative errors, such as assigning the wrong doctor to the wrong patient
There can be various other types of injuries that are the subject of a personal injury claim. Generally speaking, most nursing injuries are litigated under a negligence theory. In order to collect damages, the plaintiff needs to show that the nurse violated or breached their duty of medical care to the patient, and that the breach was the actual cause of measurable damages. This can include a wide range of conduct by the nurse.
Is There Such a Thing as Nursing Malpractice?
Some jurisdictions have laws that specifically list nursing malpractice as a violation. Again, these types of claims generally follow the legal proofs for negligence, which often require the assistance of a lawyer. Nursing malpractice includes conduct by nurses not just in a hospital setting, but in other areas where nurses practice, such as care homes, nursing facilities, in-house care at a worksite, and many others.
One of the main difficulties in nursing malpractice claims is tracing which nurse or medical professional is responsible for the patient’s injuries. This is because medical treatment involves several steps, each of which may be overseen by a different medical staff or personnel. In many cases, several parties may actually be jointly responsible for the person’s injuries.
Do I Need a Lawyer For Help Filing a Nursing Injury Claim?
Nursing injuries can be difficult to deal with, and filing a claim for such injuries can also be complicated. If you need assistance in filing a claim for a nursing injury, you may wish to consult with a qualified lawyer in your area. An experienced personal injury attorney can help you determine how to file your claim in order to receive a monetary damages award or other type of legal remedy. Nursing and medical laws may vary by state, but a lawyer can help you with the legal research involved for your claim.
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Last Modified: 11-15-2012 11:13 AM PST
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