When providing medical care in a facility, nurses are legally required to exercise the same reasonable level of care as any other health practitioner. This requirement ensures that unnecessary harm does not come to a patient, and failure to meet the requirement subjects a nurse to liability for medical malpractice.
Is Failing to Respond to a Request for Help Proof of Negligence?
A nurse’s failure to respond to patient requests for help, or their continued absence during work shifts, can be grounds for a medical malpractice lawsuit. Many courts hold that if a patient is hurt as a result of a nurse’s failure to answer a request, then that person has committed medical malpractice by violating the reasonable standard of care.
Evaluation of Nurses’ Performance
The care standard owed to patients by nurses is measured by the level of care provided by other practitioners in like circumstances. Not all acts by nurses can make them liable. If a particular behavior is typical of what someone else would do, then the defendant won’t be considered to have violated the standard of care.
Elements of Proof in Medical Malpractice Claims
In negligence based malpractice claims, the injured party must prove the following:
* The duty of care owed by the nurse.
* The standards to which the nurse is held.
* Proof that there was a violation of duty because the care standard wasn’t met.
* Proof that the patient’s injuries were a result of the nurse’s negligent act.
Winning Medical Malpractice Cases
Medical malpractice cases are extremely difficult to win. Many cases are very costly because they typically require the testimony of medical experts. Most medical professionals are reluctant to admit to errors, and they usually have the resources to fight a lawsuit. Medical malpractice lawsuits can be costly and lengthy, but a medical malpractice attorney can help clients assert their legal rights in court.
Hiring a Malpractice Attorney
If a person is injured because of a nurse’s errors, they should speak to a medical malpractice attorney to learn about their case’s value and the potential for legal recovery. A lawyer with Darnalllaw.com can protect the client’s rights and help him or her figure out which actions to take. You can also like them on Facebook.