When a nurse is sued for medical malpractice, it means that he or she is being sued for negligence. The failure to use normal, ordinary or reasonable care is the definition of negligence.
If a nurse is doing something that a prudent person would not do, or if he or she fails to do something that another person in his or her position would do, this is negligence and can lead to a lawsuit.
Going even further, what is the definition of ordinary and reasonable care? Reasonable and ordinary care is defined as doing what a careful person would do, using prudence, to avoid injury to themselves or others if they are in the same circumstance.
You don’t have to be a health care worker to be sued for negligence, but you have to be a health care worker to be sued for medical malpractice.
Another word for medical malpractice and negligence is nursing malpractice. If a nurse fails to take reasonable care, he or she can be sued. If a party is injured while under his or her care, the nurse can be sued.
You may begin to see, at this point, that having a lawyer, at your side and on your team can be a huge help. He or she knows what experts to call in to help you prove negligence. You’ll want an attorney who is experienced in medical malpractice case.
Physicians, surgeons, nurses and the health care facilities may all be named as defendants in medical malpractice cases. These cases are often complex and take a great deal of time. An attorney can provide answers about whether you have a viable case or not.
Source: Critical Care Nurse, “Understanding Negligence,” Ruth C. Ashley, accessed June 24, 2015
