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Nursing malpractice is an intentional act or negligence committed by a member of the nursing profession that causes physical, financial, cognitive, emotional or psychosocial damage to a patient under their care. Cases of nursing malpractice commonly involve cases of nursing negligence. This type of nursing malpractice is defined as a nursing professional's failure to exact the degree of care, skill, and prudence that a reasonable professional would under similar conditions.
Nursing malpractice, therefore, is often a failure to meet the minimum standards set forth for this profession. When nursing malpractice leads to patient injury, the negligent nursing professional can be held liable for all damages suffered by the victim in a personal injury lawsuit. In this type of civil lawsuit, the victim of nursing malpractice files a claim against the negligent nurse to seek compensation for their damages. In a nursing malpractice case, the victim is the plaintiff and the nursing professional is the defendant. The burden of proof rests on the plaintiff to show that nursing malpractice did occur and that the damages in question were the consequence of this negligence.
The competency and proper preparation of nursing professionals is so crucial to patient health and well being, that every state government has an agency which regulates nursing professionals in an attempt to prevent nursing malpractice. These regulatory bodies are responsible for defining the scope of professional nursing responsibilities, license requirements, title protection, and grounds for disciplinary action in cases of nursing malpractice or other legal violations. These agencies are overseen by a national council in order to provide the greatest and most cohesive strategy for preventing nursing malpractice.
The National Council of State Boards of Nursing states that the practice of nursing includes but is not limited to, " initiating and maintaining comfort measures, promoting and supporting human functions and responses, establishing an environment conducive to well-being, providing health counseling and teaching, and collaborating on certain aspects of the health regimen." When any of these job functions are not met or a nursing professional fails to follow acceptable medical protocol in every professional situation, they can be held liable for the injuries caused by their nursing malpractice offenses.
There are a number of circumstances which can be considered nursing malpractice. These include, but are not limited to: mistakes in surgical assistance, failure to note and properly respond to a change in a patient's condition, misuse of a medical device, failure to secure informed patient consent, failure to provide and maintain patient comfort and any other failure to meet the standards of the nursing profession.
If you feel that you or a loved one has been the victim of nursing malpractice, you may wish to contact an attorney who is trained and experienced in identifying cases of nursing malpractice. A nursing malpractice attorney can build a strong case in your favor while protecting and maximizing your legal interests.
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