If all four of these elements are met, you may be able to file a medical malpractice claim. If the nurse’s negligence caused direct injury to the patient, causation will be satisfied. Causation – One of the most difficult elements to prove, there must be a cause and effect to the injury.If the patient is injured or experiences further medical complications due to the lack of patient care, these can qualify as damages. Damages – This is the fallout from the breach of duty.Breach of Duty – If the nurse fails to perform their duty properly or does not provide a safe environment for the patient, he or she is in breach of their duty.Duty – What the nurse owes to the patient, such as a safe environment and interpreting and following physician’s orders correctly.These elements are duty, breach of duty, damages and causation. When it comes to medical malpractice, there are four elements that must be satisfied before you can file a lawsuit. Advances in Technology – With new technology being developed all the time, nurses need to remain up to date with the latest improvements and learn how it affects their duties.Įlements of Medical Malpractice in Nursing.A nurse can be sued if he or she does not make appropriate referrals. Early Discharge – Some patients are discharged from the hospital too soon and require more nursing care.
Delegating Tasks to Unlicensed Assistants – With hospital downsizing, nurses have a greater workload and will sometimes pass on tasks to assistants who are not licensed to perform said task.With the number of nurse negligence cases increasing, there are many factors that contribute to malpractice. Factors Contributing to the Increase in Medical Malpractice When a nurse is sued for negligence, this is because he or she is accused of doing something or not doing something that caused injury to the patient. It is the failure to use ordinary or reasonable care.” The legal definition of negligence when a nurse is being sued for malpractice is “the doing of something which a reasonably prudent person would not do, or the failure to do something which a reasonably prudent person would do, under circumstances similar to those shown by the evidence.
According to statistics, nursing malpractice has increased significantly over the past few years. Medical malpractice in nursing is very common. Unfortunately, that is not always the case and due to nurse negligence, our loved one can be left with medical complications, injuries and in some situations, the negligence can even lead to a fatality. Often times when we leave our loved one in the care of a nurse at their home or in a nursing home facility, we trust those caregivers to give our relatives the compassion, care and respect that we give them.