Perhaps, the most crucial aspect of any relationship are obligations from both ends. In the event of failure to fulfill these obligations owed to another, there is a breach of trust, likelihood and actual eventuality of an accident or resulting liability, and redress. This is the story of the doctor-patient or nurse patient relationship. Until the recent years, nursing negligence was almost unknown to the nursing profession due to their old ‘physician-assistant’ roles. But with the rebranding and revolution of the role of nurses in the health practice, there has been many reported cases of negligence by nurses. Thus, the need to hold them responsible and their employers liable. The nurse is the link between the physician and the patient and plays many other vital roles in the recovery of patients. However, studies have shown that about 25% of cases on medical negligence are constituted by poor nursing care (nursing negligence). Therefore, this article will examine medical negligence by nurses and the resulting legal consequences/implications. What Constitutes Medical Negligence By Nurses Negligence can simply be referred to as the acts or omissions of a person which results in the breach of duty owed which a reasonable man would not have done or omitted to do in the same circumstances. Professional negligence test will be based on what a reasonable expert in that field of profession would have done or not done in the said circumstances. As established earlier, nurses owe a duty of care to patients. This is an omnibus duty as it covers a wide range of things to be done by the nurse. Some of the acts or omissions that constitute nursing negligence include:
These and many more duties create the tort of negligence by nurses that lead to a successful claim. The Legal Implications Not every act or omission of a nurse constitutes nursing negligence. There are some factors to look at before an action for nursing negligence can be pursued, and requirements before it can be well proven. Some of the Initial Factors Include: Whether the nurse was truly obliged to carry out the implied act? It must be determined if the nurse really owed that duty of care as a professional or it was just an act of free will that was outside the scope of her work. Whether the act or omission constituted a breach of that duty. Whether that breach resulted in some personal injury suffered that can be proved as a result from that negligent act or omission or it will not constitute nursing negligence. After these ingredients have been ascertained to be present in the scenario, there is need to get a professional nurse to testify on the claimant’s behalf that the act constituted a malpractice. This is perhaps the greatest hurdle to cross as it can be really difficult to get a nurse to testify against another in the same professional fraternity. This list is not exhaustive as you may need to talk to an attorney to know what other things you need for a claim in the particular incident. Who are the Parties Responsible? In any incident of nursing negligence, the primary person/party responsible is the nurse alleged to have committed the tort. He or she will usually be joined to the suit and in a very serious case of negligence, he or she may be charged by the disciplinary body for misconduct and license may be withdrawn. Furthermore, in the case of nursing/medical negligence, there is vicarious liability. This means the employer (health institution) will be liable for the claim. Ultimately, the insurer of the health institution will pay for the claim. Who Can Sue? By the principle of privity of contract, only the patient can sue for a claim of nursing negligence. This may be done through an attorney but in a claim for medical negligence, it is most advisable to opt for the best personal injury attorney one can find. However, in a case where the patient is deceased as a result of the negligence, the next-of-kin or personal representatives may bring an action for a claim against nursing negligence for compensation, through an attorney also. What are the Claims and Remedies A patient may decide to seek a claim for monetary compensation (damages) to be awarded in his favor. This is the most popular claim. However, other claims may include a reverse surgery/free treatment in a case where the harm is reversible. Conclusion Many cases of nursing negligence continue to surface and claims for compensation are being paid on a continuous basis. Money may not repair or reverse the damage done, but it can go a long way to make things easier for the injured patient and their family. So, if you or anybody you know, has suffered any personal injury as a result of nursing negligence, then you should approach an attorney to see if your claim has merit, and if it does, steps will be taken by the lawyer to help in securing any financial compensation that may help alleviate any suffering that may have arisen from the negligence.
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