Because a nurse fails to respond promptly when necessary, nursing malpractice claims are frequently made. When a patient is experiencing a medical emergency, nurses should immediately act quickly and alert a doctor. Additionally, they have a legal obligation to record all medical data accurately.
Even though the possibility of being sued is always terrifying for healthcare professionals, it is also possible for nurses to be accused of negligence. Nursing professionals may experience negligence in their daily activities. Here are some precautions you can take if you're a nurse thinking about suing.
One of the most significant errors nurses can make is failing to convey crucial information. Patients may suffer severe harm as a result of this. For instance, it can have disastrous effects if patient condition changes are not communicated. The harm could have been avoided if the doctor had taken action if had been aware of the changes.
Winning cases involving medical malpractice can be difficult. The plaintiff must demonstrate that the defendant's negligence led to the plaintiff's injury to prevail. This is challenging because the plaintiff must demonstrate that there is a higher likelihood that the defendant's negligence caused the plaintiff's injury. A case involving multiple factors also increases the chance of a causal chain break in favor of the defendant.
The Vaught case poses a severe risk to patient safety because it holds nurses accountable for systemic failure. Alienating nurses reduces the incentive to improve systems and risks losing key personnel from the industry. Nurse Tamara Campion made the decision that working at the bedside was not worth the risk in some circumstances. The patient safety situation might worsen if there were more nurses like Campion.
If a nurse acts outside the bounds of her practice, she may be liable for malpractice. When a nurse does not provide the required level of care, a patient may sustain an injury. There is frequently a direct connection between the breach and the injury, even though a nurse cannot be held accountable for every error that leads to an injury.
Failure to take action regarding a patient's care is another example of nursing negligence. For instance, a nurse is required to inform a doctor of any negative lab results or changes in a patient's condition. Failure to do so may have consequences that are potentially fatal. Other frequent instances of malpractice include delaying responding to a medical emergency. This could entail burning a patient, striking them with large machinery, or leaving a medical device inside of them.
Nurses are frequently sued for failing to protect patients, in addition to failing to record information. This might be the result of a patient being hurt or equipment failing. A patient might have been hurt if a nurse hadn't stepped in. Any injuries that could have been avoided if the nurse had taken action could be subject to liability.
A paper chart might be more challenging to maintain, and errors can be confusing. The most typical mistake is one that involves incomplete information. In their haste, doctors frequently overlook essential details about a patient's condition and course of treatment. Additionally, they might overlook patient conversations. In one recent instance, a neurosurgeon's early-morning review of films led to a diagnosis based on the images. The plaintiff's attorney countered that the neurosurgeon had not made the necessary notes because he was too sleepy to see his patient.
The health and safety of patients depend on medical equipment, and improper maintenance can result in serious injuries. One way nurses can prevent accidents is by keeping them functional and clean. For instance, a malfunctioning blood pressure cuff may give a patient an inaccurate reading and result in complications. Fortunately, testing and calibrating procedures are in place at most healthcare facilities.
If nurses neglect to give patients proper care, they may be liable for medical malpractice. When a hospital or medical facility is informed of the risk and takes no action to address it, it may have violated its duty of care. The nurse must also be able to demonstrate the hospital's or healthcare provider's negligence. Legal arguments and evidence can be used to accomplish this. A nurse who a hospital's negligence has harmed may be entitled to compensation for their pain and suffering, even though there is no definitive formula for proving negligence in a nursing case.