Can Nurses Be Held Responsible For Medical Malpractice?

Medical negligence cases usually involve doctors and hospital administrators, but can nurses be held responsible for medical malpractice? The answer is yes, if you can demonstrate the elements of negligence against them.

 Below, we discuss when nurses may be liable for medical malpractice, examples of negligence, contributing factors, and important deadlines known as statute of limitations.

What Does Pennsylvania Consider Medical Malpractice by Nurses Under the Law?

According to the American Bar Association, medical malpractice occurs when a healthcare provider is careless and does not meet the standard of care. If a patient has an illness, injury, disability, or dies because of this, they (or their family) may be able to get compensation.

Examples of medical malpractice or negligence by nurses include:

• Neglect: Nurses must answer patients’ requests for help, food, and water quickly. Not changing bedding, not helping patients who may fall, or not keeping things clean can be negligence.
• Medication errors: If a nurse gives the wrong medicine or the wrong dose, it can cause illness or injury. The same is true if a drug meant to be taken by mouth is given through an IV.
• Failure to monitor: Nurses must watch patients after giving medicine for side effects and to make sure it is working.
• Medical equipment errors: Nurses should only use equipment they are trained on and must follow all rules for medical devices to avoid harm.

These problems can happen because of lack of training, too much work, or pressure from supervisors. An article from the National Library of Medicine even suggests that unconscious bias based on race, gender, or income may affect the care a patient receives.

How to Pursue a Medical Malpractice Claim Against a Nurse

If you think a nurse has committed medical malpractice against you, you should handle the situation carefully to improve your chances of success. This includes speaking with a lawyer who handles personal injury cases and understands Pennsylvania law.

Your lawyer will work with medical experts, collect your medical records, and gather other evidence about what happened. They can also help figure out the value of your damages based on negligence and separate them from your original medical bills. If your case is strong, they can help identify all responsible parties and ways to recover money.

Most cases start with settlement talks with the insurance company, but they may go to trial if no agreement is reached. Many healthcare facilities prefer to settle instead of risking a trial or damage to their reputation. If you are suing a nurse directly, their lawyer may also choose to settle to reduce the nurse’s financial risk.

Your lawyer will work with medical experts, collect your medical records, and gather other evidence about what happened.

Can I Sue an Individual Nurse for Malpractice?

The MCARE Act requires all doctors to maintain liability insurance against malpractice claims, but it doesn’t require this for all nurses. Only higher-level nursing providers, such as Certified Registered Nurse Practitioners (CRNPs) and nurse-midwives. It doesn’t apply to Registered Nurses (RNs) and Licensed Practical Nurses (LPNs).

Suing an individual nurse may not lead to enough compensation on its own. However, if the nurse’s employer is covered under MCARE rules, you may be able to file a claim against the facility’s medical malpractice insurance. Under vicarious liability, an employer is responsible for training, supervising, and correcting employees to help prevent negligence.

If the employer knew the nurse was not properly trained or allowed them to work outside their skill level, the facility and its leaders may also be held responsible. This can also apply if understaffing or poor management led to mistakes, such as a medication error caused by an overworked nurse.

Establishing Negligence in a Nursing Medical Malpractice Case

Your case depends on showing evidence indicating the following elements of negligence:

1. Duty of care: When a nurse cares for a patient, they have a duty to avoid causing harm.
2. Breach of duty: You must show how the nurse did not adhere to the standard of care for your condition, through their actions or failure to act.
3. Injury: You cannot claim malpractice if you are just unhappy with the care or if it is substandard, but you don’t suffer harm. This is where expert testimony can support your claim of negligence.
4. Causation: You must show that the nurse’s actions broke their duty to you and directly caused your illness, injury, or other harm.

Proving these parts can be very difficult, and you should expect a strong defense from the other side. Your lawyer will carefully review the case and gather strong evidence, including medical records, photos, videos, witness statements, and expert opinions.

Pennsylvania’s Statute of Limitations for Malpractice Claims

Under the MCARE Act, you generally have only 2 years from the date you discovered (or reasonably should have discovered) your injury from medical malpractice. There are some exceptions, but they are rare, so you should speak with an attorney right away. Otherwise, you could lose important time your legal team needs to prepare your case.

You may also lose your right to file a lawsuit if the deadline passes. Building a strong malpractice case takes time if you want to recover costs for medical care, lost wages, and pain and suffering.

Let Lopez McHugh LLP Help You in Your Time of Need

At Lopez McHugh LLP, we focus on medical malpractice cases, so we can use our experience and knowledge for every client. We have over 50 years of combined legal experience, and we treat you with respect and care. During your free first consultation, you can learn your options for seeking justice against someone who harmed you through negligence.

You can rely on our commitment to help you when you do not know where to turn. Schedule your free case review today by contacting us to speak with a Pennsylvania medical malpractice attorney.