Failing to provide patients with a standard duty of care is considered negligence in nursing. A standard duty of care means that the medical professional should take reasonable actions to provide skill and care in addressing their patient’s needs.
For example, a nurse may administer a drug and the standard dosage calls to re-administer the drug again in an hour. If your nurse does not take the necessary action until two hours later, this may be considered negligence.
How Does Medical Malpractice Law Apply to Nursing Negligence?
When a nurse fails to deliver their standard duty of care and an injury occurs, this is called a breach of care. With this breach of care, they may be liable for negligence.
To prove that medical malpractice occurred in your case, you will have to demonstrate that this breach of care directly caused your injuries. For example, if you already had a prior underlying condition that may have led to your injuries, your medical negligence case may be more complicated to prove.
To proceed successfully with a lawsuit, you must demonstrate that the injury directly resulted from the negligence of the provider–the nurse.
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Who Can Be Held Liable for Nursing Negligence?
Medical negligence is punishable under personal injury law. Under personal injury law, you may sue and seek restitution from a medical professional for their act of negligence that caused you or your baby harm. However, when it comes to a nurse’s actions, you may not be able to directly sue the nurse for the mishandling of your care. Another party may be held responsible for a nurse’s actions or inactions.
In many cases, nurses are employees of the hospital. Therefore, you may be filing a lawsuit against the hospital or the nurse’s supervising doctor. If the doctor could have prevented the nurse’s negligence, the supervising doctor may be held liable. Similarly, if the doctor was available when the nurse committed a negligent action or inaction, the doctor may also be liable.
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What Are Some of the Most Common Forms of Nursing Errors During Labor and Delivery?
Errors can occur across a broad spectrum of a nurse’s duty with any patient, but they can be particularly impactful during the care and monitoring of pregnant mothers and their newborn babies.
According to a report by the Nurses Service Organization (NSO), the highest-paid settlements for malpractice claims brought against nurses include neonatal, women’s health, and emergency medicine cases. Common nursing mistakes that can happen during pregnancy care can include:
- Medication errors
- Documentation errors
- Inappropriate or negligent prioritization of tasks
Generally, your nurse has more influence and knowledge over your pregnancy leading up to the delivery. They may be performing blood work, recording vitals, administering an IV, reporting concerns or issues, and much more.
Additionally, there may be several nurses assisting with labor and delivery. When many professionals are responsible for administering care, this can create miscommunication errors in written documentation or verbal orders. Any nursing action during delivery could be vital to the health of a baby or mother.
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What Are Some of the Most Common Forms of Birth Injuries That Result From Negligence?
According to MedlinePlus, childbirth may involve a number of risks. Injuries to a mother or child may occur due to an inherent risk or other complications that could not have been avoided. However, nurses and other medical caretakers may be liable for birth injuries if they fail to take important actions necessary to ensure a safe delivery.
Common birth injuries or complications among newborns can include:
- Brachial palsy, or damage to the arms during birth
- Cephalohematoma, or blood between the scalp and skull
- Facial paralysis
- Fractures
- Head trauma
- Nerve injuries
- Spinal cord injuries
- And more
These birth injuries are not necessarily caused by the negligent acts of a nurse or nursing staff. Rather, what is significant for a lawsuit is how these complications are handled by your nurses.
Remember that every state has its own statute of limitations that sets deadlines for filing birth injury cases. To be sure that you are in compliance, it is best to speak with a lawyer familiar with the laws in your state.
Contact Birth Injury Lawyers Group if Nursing Negligence Caused Your Baby’s Injuries
When your child suffers a birth injury, it can be hard to distinguish exactly what went wrong and where. Having legal representation can help you investigate the issue and as well as who may be liable. You can also have peace of mind with a lawyer handling your case. Taking care of a newborn, especially with a birth injury or defect, can be a difficult task physically and emotionally.
If your baby has sustained an injury that may be considered negligence from a nursing provider, then you may be able to seek compensation.
A birth injury attorney can review your case to determine your legal options and establish a possible case value. Speak with a legal representative today at the Birth Injury Lawyers Group to schedule your free consultation at (800) 222-9529.
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