When Does a Nursing Mistake Become a Legal Issue?
Nurses play a critical role in patient care, often acting as the first line of defense in hospitals, clinics, and long-term care facilities. Their responsibilities include administering medication, monitoring vital signs, providing emotional support, and communicating vital information to doctors. But what happens when a nurse makes a mistake—and when does that mistake cross the line into a legal issue?
At The Spizman Firm, we understand how frightening and frustrating it can be when medical care goes wrong. Below, we explain when a nursing error may rise to the level of medical malpractice under Georgia law and what you can do if you’ve been harmed.
What Is a Nursing Mistake?
A nursing mistake can range from minor errors to life-threatening missteps. Common examples include:
- Administering the wrong medication or dosage
- Failing to monitor a patient’s condition
- Misreading or failing to follow physician orders
- Neglecting proper hygiene protocols
- Failing to document or communicate critical information
- Making an error during a procedure, such as inserting an IV or catheter improperly
While not every error results in legal action, some mistakes can cause severe injury, permanent damage, or even death.
When Is a Nursing Mistake Considered Medical Malpractice?
For a nursing error to become a legal issue, it must meet the criteria for medical malpractice in Georgia. That means:
- The nurse owed the patient a duty of care – In any medical setting, this duty is presumed.
- The nurse breached the standard of care – This occurs when the nurse fails to act as a reasonably competent nurse would in a similar situation.
- The breach caused harm – The patient must suffer injury or worsening of their condition as a direct result of the nurse’s actions or inactions.
- There are damages – These can include medical bills, lost income, pain and suffering, or long-term disability.
For instance, if a nurse in an Atlanta hospital fails to monitor a post-operative patient and misses signs of internal bleeding—leading to serious complications—this may constitute malpractice if it can be proven that earlier intervention would have prevented harm.
Who Can Be Held Liable?
In Georgia, nurses can be held individually liable, but hospitals and healthcare institutions may also be responsible under the doctrine of vicarious liability. This means that if the nurse was acting within the scope of their employment, the facility may also be sued for damages.
In some cases, poor staffing, lack of training, or systemic issues at the hospital may have contributed to the mistake. An experienced attorney will investigate all possible sources of negligence to hold the right parties accountable.
What Should You Do If You Suspect a Nursing Error?
If you believe you or a loved one has been harmed due to a nursing mistake, it’s important to act quickly. Document everything, obtain copies of your medical records, and seek a second medical opinion if necessary. Then, contact our Atlanta skilled medical malpractice attorneys.
At The Spizman Firm, we help individuals and families throughout Georgia understand their legal rights when medical care goes wrong. We serve clients in Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs. If you suspect a nursing error caused harm, contact us today for a free consultation.
Source:
law.cornell.edu/wex/negligence
