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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
Commitment to Personal Injury Clients
Personal Injury lawyer Jeffrey H. Rasansky has one mission: to
fight for the rights of personal injury victims, people just like
you. Jeff has successfully represented victims of: personal injury,
nursing home abuse, nursing home neglect, nursing home negligence,
medical malpractice, car wrecks and product liability.
Recently, Mr. Rasansky negotiated a settlement
of more than $10 million on behalf of an infant who was catastrophically
impaired while under medical care. Jeff also successfully represented
two plaintiffs in recent jury trials, one of which resulted in
a verdict
of more than $1 million. Throughout his career, Jeff has successfully
represented clients in cases involving: personal
injury, medical
malpractice, nursing
home abuse, nursing
home neglect, brain
damaged baby, product
liability and defective products, vehicle
accidents like car
wrecks, truck and suv's, motorcycle
accidents and pedestrian
accidents, as well as occupational injuries such as construction
accidents.
Jeff Rasansky is licensed to practice before all state courts in Texas,
the United States District Courts in the Northern and Eastern Districts
of Texas and the Fifth United States Circuit Court of Appeals.
Click here
to contact The Rasansky Law Firm.
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