There are multiple ways that nursing malpractice can occur. Below are a few examples:
While any harm received by a patient while in medical care is troubling, not all human error translates to malpractice. To prove medical malpractice, it must be evident that negligence played a role in the error. It must be clear that the patient would have received a higher level of care if another reasonable nurse was on the case. An attorney who specializes in medical malpractice will be able to help you establish whether you can build a viable malpractice case.
In nurse malpractice cases, the hospital that employed the nurse at the time to may be vicariously liable for damages. In cases where the nurse was directly supervised by the attending physician (such as in the case of errors that occur in an operating room where the doctor is responsible for all actions related to the procedure), the physician can instead be responsible for the damages related to the nurse medical malpractice.
It’s important to explore liability with your attorney, as in some cases more than one party may be liable for the malpractice and resultant damages. Your lawyer can explore employment relationships and the circumstances of the medical negligence to determine which parties could be responsible for damages.
If you believe you were the victim of medical malpractice from a nursing error, we can help you explore your legal options and file a malpractice claim to recover damages. Call us today at (877) 864-9495 or use our contact form to set up a consultation to discuss your case with a medical malpractice attorney.