Under nurse liability laws, nurses can sometimes be directly liable for injuries they have caused to a patient. This is usually litigated on the basis of negligence laws in addition to different malpractice theories. In some cases, both the hospital and the nurse can be held liable, depending on the facts of the situation.
For example, if the nurse administered medication knowing that it was the wrong prescription, the question arises as to whether the nurse should be held liable. If the nurse has breached their duty of care to a patient, they may likely be held liable for any resulting injuries.
The basic duties of a nurse include many different tasks, including: participation in initial diagnosis stages; interviewing the patient; preparing a patient for medical treatment or surgery; helping a patient with care after surgery; providing counseling on different medical issues; and many other duties. Thus, a nurse can often be held liable for injuries that are caused by a failure to properly perform their tasks or duties.
Nurse liability laws are generally based on negligence principles. Under a negligence theory, a nurse can only be held liable for injuries if:
A nurse’s “duty of care” involves the standard of care that is appropriate for a nurse with similar training, education, and experience. This is a much different standard of care for other medical personnel, such as administrative staff, surgeons, or specialists.
Also, there are different levels within the nursing profession, each of which are associated with different standards of care depending on the nurse’s task. Thus, the nurse’s standard of care may be determined by examining the practices of other nurses in a similar field, as well by consulting medical textbooks, examinations, and other materials. This may require the help of a lawyer or an expert witness during trial.
In some cases, nurses are bound to provide care for a patient because they have formed a specific nurse-patient relation with the person. This is often the case where a person has a private nurse performing home care in their personal residence or at a nursing home.
Abandonment or neglect by a nurse may occur if the nurse suddenly stops providing the patient with care, without notifying them or a supervising doctor or nurse. This is a serious violation and may result in various legal consequences.
Some factors involved in nurse abandonment cases include:
Abandonment usually does NOT result in the following situations:
Nurse liability can be one of the more complex areas of personal injury law. Standards for nurses can vary by state, region, and also according to the level of training of the nurse. You may wish to contact lawyer if you believe that you have a claim involving nurse liability. Your attorney can provide you with legal advice and guidance, in order to assist you in obtaining the appropriate relief in a court of law.
Last Modified: 05-30-2014 09:37 AM PDTLaw Library Disclaimer
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