Portland Nursing Malpractice Attorney
About Johnston Law Firm
Pursuing A Nursing Malpractice Claim
Malpractice have very specific elements under the law that must be proven in order for an injured individual to recover for their losses. The elements you must prove include the following:
- The nurse had the duty to provide a certain standard of care for you;
- The nurse failed to abide by this duty and provided substandard care through an affirmative act or neglect;
- The nurse’s actions caused you additional injuries that you would not have otherwise sustained;
- You incurred losses as a result of the injury including additional medical bill or pain.
The standard of care expected of many different medical professionals can be confusing and, often, a medical expert is needed to evaluate the case and testify whether a particular nurse failed to meet the required standard of care in your situation. You should have an attorney who has the resources necessary to obtain expert opinions if needed in your nursing malpractice case.
Examples Of Nursing Malpractice
- Improper administration of medication, including failing to give medication, giving double doses, administering the wrong medicine to the wrong individual, and more;
- Causing physical injury to the patient, including dropping objects on the patient, cutting them with a needle or sharp piece of medical equipment, allowing the patient to fall down, among other errors;
- Not taking proper action for a particular situation, including failing to report an incident or complication to a doctor, not responding to patient emergencies in a timely manner, and other similar failures.
These are, of course, only a few examples of how a nurse can be negligent and can lead to a legal claims for nursing malpractice.
Who Is Responsible For Your Losses In A Nursing Malpractice Case?
In many nursing malpractice cases, the hospital that employs the nurse in question can be held liable for its employee’s negligent actions under the legal concept of vicarious liability. Such liability can occur if, at the time of the mistake, the nurse was employed by the hospital, was acting to benefit the hospital by caring for its patients, and the task was a job duty of the nurse.
However, liability can be different if the nurse was under the supervision or instruction of a particular doctor at the time of the malpractice. Doctors are not typically employees of the hospital and can be held accountable for malpractice separately from the hospital. If a doctor was present when the nurse was negligent, was supervising the actions of the nurse, or could have prevented the negligence and injuries in any way, the doctor may be held liable for the malpractice instead of the hospital. An experienced medical malpractice attorney can determine the correct party against whom you should file your claim.
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