Also commonly referred to as nursing negligence, nursing malpractice occurs when a nurse fails to properly treat a medical condition, resulting in a new or aggravating a current injury. Nursing malpractice claims may arise when a nurse acts in a manner that would be considered unacceptable when compared to how another nurse with similar training might act.

Many people don’t realize that doctors aren’t the only medical professionals whom patients can sue for malpractice. In fact, most health care providers including chiropractors, therapists, nurses, psychologists and dentists are subject to such legal action.

Over the years, nursing responsibilities have grown to include physical examination, diagnosis, and treatment without direct supervision by a physician, therefore, there is increasing accountability for negligent nurses.

Just as with a physician, there are certain standards of care applied to nursing. Nurses are expected to act in a manner based on this standard of care. When nurses don't act within these accepted standards of care, they are negligent and guilty of nursing malpractice.

Duty of Care

"Duty of care" is based on the existence of the nurse- patient relationship, which is a legal status created when the nurse is legally obligated to provide, or actually does provide, nursing care to a patient. The nurse- patient relationship is not dependent on a nurse's title or employment status.

When a nurse assumes the "duty of care", the law will demand that the nurse perform as a reasonably prudent nurse would. Acting as a reasonably prudent nurse would is considered conforming to a "standard of care". The standard of care, when applied to nursing, consists of nurse being expected to possess and use the knowledge, skill, care, and diligence ordinarily possessed and employed by members of the nursing profession.

Nurse specialists are held to an even higher standard of care. A nurse specialist is expected to perform in a manner that a reasonably prudent nurse specialist would under the circumstances.

The standard of care is not based on a nurse's employment status or amount of experience. A beginning nurse is held to the same standard as are nurses with more experience, training and education. A patient has the right to presume all nursing functions will be performed by the same standard of care.

Any action by a nurse that falls below generally accepted standards of nursing care, and causes injury to a patient, is considered nursing negligence or nursing malpractice. In fact, even if the nurses actions were only a contributing cause to the injury, the nurse is still liable for nursing malpractice or nursing negligence.

Nursing Malpractice Case Studies