A nurse is required to provide a standard of care that keeps patients safe while ethically caring for their needs. Failing in this responsibility can cause potentially harmful results for patients of all kinds. According to the American Nurses Association, nursing includes protecting, promoting, and maximizing an individual’s health and abilities, preventing injury and illness, promoting healing, easing suffering, and being an advocate for the care of those in one’s charge. Because nurses are subject to so many stages of review, their acts of misconduct, negligence, or medical malpractice often bear serious consequences.
Nurses are required to facilitate the wellness of a patient up to the limits of their abilities. This means that nurses are required to use their knowledge to help patients whenever they are in need, regardless of the circumstances. Ethics factor into the equation as well, as nurses are expected to perform their duties within an ethical framework that promotes health and wellbeing.
Even though nurses face major consequences if they fail to act according to their standards of care, they still violate these standards from time to time. In some cases, honest accidents and mistakes cause health problems for patients. In other scenarios, more direct forms of negligence are responsible.
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Risk Factors for Neglect and Mishandling
Nurses’ negligence is responsible for many types of birth injuries. Everything from the mishandling of an infant to a lack of communication between medical professionals may qualify as an act of negligence and medical malpractice. According to the National Center for Biotechnology Information (NCBI), the legal definition of negligence considers the standards to which a reasonable person would conform in a given circumstance, and holds parties to that standard.
Neglect is more likely when medical professionals such as nurses are fatigued or overworked. Working long consecutive hours in a maternity ward may make some nurses more susceptible to mistakes that will violate their standards of care. Even a small mishap during the birth process can lead to a lifetime of medical complications for both a mother and a baby. For example, if a nurse is fatigued and mishandles a baby during birth, this mistake could result in the baby suffering brain damage and acquiring a developmental disability such as autism spectrum disorder. It only takes one moment of neglect to cause a lifetime of damage.
If you believe that you or your baby were injured as a result of a nurse’s failure to uphold their standard of care, then you may be eligible to receive financial compensation. A lawyer who focuses on birth injury and medical malpractice will work to determine who was at fault for your injuries. In doing so, lawyers will collect evidence and pursue a settlement to recover any forms of monetary compensation that you may be owed.
If you suspect that you or your child experienced an act of medical malpractice, then you have the right to pursue justice. However, it is important to remember that some state-specific laws may limit the amount of time that you have to take legal action after discovering injuries from an act of medical malpractice. For example, if you live in the state of Florida, then keep in mind that Florida Statutes §95.11 states that you have up to two years to take legal action after discovering damage caused by a medical professional. When you contact a lawyer, they will stay by your side as they establish liable parties and fight to recover any compensation to which you may be entitled.
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Contact a Birth Injury Lawyer Today
If you or your baby were injured because a nurse failed to match up to the standard of care that a nurse is required to provide, then you may be entitled to compensation. Taking on the legal system alone may prove to be stressful and time-consuming. A lawyer who focuses on these issues can build a case to represent your legal position and defend your rights. Birth injury lawyers will collect any forms of pertinent evidence and use them to establish a liable party. From there, a legal team can negotiate for a settlement and defend you in a trial if needed. For a free consultation with one of our team members please call the Birth Injury Lawyers Group today at (800) 222-9529.