One of our largest medical malpractice cases ultimately found that the resident and attending physicians’ errors caused an infant’s cerebral palsy. Malpractice claims may be asserted if the patient or the family of a deceased victim believes that the medical practitioner violated the standard of care expected for the patient’s medical condition. Donny Motts had no reason to doubt the …, Medical Misdiagnosis, late treatment for brain tumor. However, in many cases, errors by nurses can contribute much more, especially in longer-term care settings like nursing homes and even long stays in the ICU. This can lead to mistakes resulting in medical malpractice, so hospitals often try to minimize risk by keeping staff in their areas of expertise. It minimizes chances of complications such as DVT, Pneumonia, Pulmonary Emboli and Decubitus Ulcers. Nurse Practitioner medical malpractice cases can still add up to several hundred thousand dollars, even if their duties are not as extensive as those of physicians. Here are a few frightening examples of medical malpractice cases in today’s society. Real-Life Nursing Malpractice Case: One NP Shares Her Experience of Being Sued A nurse practitioner shared her true story of being sued for malpractice, and what it was like to continue fighting the suit when everyone else settled. Medical malpractice claims may involve a: doctor, nurse, psychiatrist, dentist, chiropractor, podiatrist, hospital, or other healthcare provider. Despite telling nurses his family had a history of strokes, the doctors diagnosed him with sinusitis and gave him a prescription of painkillers. St. Rita's Nursing Home. Hospitals are often given risk management recommendations to keep the staff from making errors. Author Affiliations: Clinical Practice Consultant, Quality (Ms Jacoby), Clinical Effectiveness Team, Regional Quality, Accreditation, Regulation & Licensing Department, and Critical Care/Sepsis Clinical Practice Consultant (Dr Scruth), Clinical Effectiveness Team, Regional Quality and Regulatory Services, Kaiser Permanente, Oakland, California. Patients are also better informed about the level of care they should expect. A young couple from Monroe, Michigan, was awarded a $15.8 million verdict as the result of their baby son, Jason, being inflicted with Cerebral Palsy as the result of an error during the final stages of a labor. Nurses often get overlooked in malpractice cases, but they play a vital role in ensuring that a patient is healthy. In some cases, the negligent actions may be so obvious that an expert is not required, such as when a nurse deviates from a doctor’s instructions and provides the wrong medication. does not share, sell, rent, or trade personally identifiable or confidential information with third parties for any purpose. Medical malpractice claims asserted against any healthcare provider take time to work their way through the courts and require extensive evidence to prove. In a similar story, with a different twist, a fertility clinic in New York … This usually occurs in a hospital setting, but it can also happen in a retirement home, convalescent home, or at a private residence- in short, wherever a nurse works. A Bay City grandmother was awarded $80,000 following an auto accident resulting in a broken leg. Cases are accepted on a contingency fee basis, which means that there are no legal fees unless we win or settle your case. These changes are crucial because they can affect things like medication dosages. Summary: One of the most important interventions post-operatively is to get a patient up and walking. An Air Force veteran went for treatment for …, Wrong Leg Amputation. Failing to properly monitor vital signs or administering the wrong medication can be life-altering errors, and sometimes even fatal. In some cases, the attending physician may ultimately be held responsible for errors. Miss Elaine Nelson, at age 38, began …, Incorrect sutures leads to a second surgery. Things You Need to Know About Brain Injury Litigation, Questions to Answer Prior to Filing a Spinal Cord Injury Claim, One of our largest medical malpractice cases. Unfortunately, Caroline's condition is permanent, but she is thankful that her baby boy is safe and healthy today, despite the trauma he was exposed to at birth. Nurses employed on medical-surgical units … An insured Nurse Practitioner (NP) who is allowed to write prescriptions can be sued for prescribing the wrong medication, for example. Even if your malpractice case doesn’t have life-altering consequences, you still deserve full compensation for the new medical expenses and pain and suffering. If a nurse fails to properly monitor their patient and it leads to injuries or worsened conditions, the… A vascular surgeon, for example, is technically allowed to do other types of surgeries, and a neonatal nurse may be allowed to work in many other areas. November 16, 2018. Getting a thorough understanding of your case requires extensive legal and medical knowledge, and teaming up with an attorney who doesn’t specialize in medical malpractice will only hurt your case in the end. Image via medicine.duke.edu. Middle-aged woman suffered severe disfiguring facial burns from a simple surgical procedure. A nurse was charged with reckless homicide and abuse after mistakenly giving a patient a fatal dose of the wrong medicine. Failure to Monitor . The researchers found that 69 percent of the patients involved had suffered a decrease in quality of life because of nursing malpractice. In fact, the two often go hand-in …, Childbirth Injuries. Often, medical malpractice cases gain notoriety, either for the persons involved in the suit, or the unusual circumstances leading up to them. Medical malpractice cases must establish who is responsible for the violation of standard of care that led to the patient’s injuries. You spend months preparing for the newest addition to your family. Image by John Schreiber. Hannah Johnson has her Bachelor of Arts in Public Affairs with a specialization in civic engagement. After Dean Taylor’s appendix ruptured, he required …, Diabetes misdiagnosis results in money awarded. Many nursing malpractice case studies show that a hospital or other provider can minimize risks, but ultimately, individual decisions by nurses often still cause harm to the patient. Her … For example, a patient who suffers an injury due to circumstances outside a nurse’s control cannot sue the nurse for malpractice. Nurses Followed Dr.'s DNR Order On Patient, Confusion about Advanced Directives:"Summary: A nurse advised the CNA to stop CPR on a patient who had a DNR order in place, the family objected and filed a malpractice suit against the hospital, physician, and nurse involved in the case." One of the most common recurring themes in all of these forms of medical malpractice is negligence. Even though nurses cannot diagnose conditions, they can still make medication errors, failure to notify a doctor of changes in the patient’s condition, or otherwise neglect patients in their care. A Livonia pedestrian recovered $1.4 million when he was struck by a commercial van resulting in a traumatic brain injury in Redford, Michigan. When Hurricane Katrina hit St. Bernard Parish, Louisiana, in August 2005, …, Luis Gomez. Patient safety experts say this may actually make hospitals less safe. But recently there has been a rise in the number of cases pointing the finger at nurses. Liana Gedz was going to give birth to her first child by caesarian section. by Matt Wynn ... Payments over $500,000 meanwhile, ballooned from 8% of all cases to 18%. In my case review, I identified 13 specialty practice areas of nurses involved in malpractice cases. At Cochran, Kroll & Associates, P.C., we’re proud to have a winning team that has the best of both worlds. The modern nurse's role is not limited only to assist the doctor in procedures, however. Most states do not require doctors or nurses to strictly operate within their area of specialization. Many nursing malpractice case studies show that a hospital or other provider can minimize risks, but ultimately, individual decisions by nurses often still cause harm to the patient. Specifically, nursing malpractice or negligence refers to a nurse failing to adequately complete his or her tasks, ultimately resulting in harm to the patient. Often, a key issue in nursing malpractice cases revolves around who is responsible for the nurse's negligent acts: the Failure to adequately document patient needs and care can contribute to cases, as can a nurse’s general failure to listen to patient complaints. ... Additionally, many of the physicians performing these procedures are U.S. training and, in some cases, U.S. citizens who have relocated to avoid the high cost of practice in the United States (Marlowe and Sullivan, … While these cases are appalling in and of themselves, an …, Family receives judgement for boy’s ear misdiagnosis. The Mark of Zorro? My medical director was there, too, and told me not to worry. By: Robyn Correll, MPH. Nursing malpractice, or nurse negligence, occurs when the negligence of a nurse causes injury to a medical patient. Contact us today at (866) 868-3779 for a free consultation to talk to our team. Typically, the attending physician cannot be held responsible for mistakes made outside of his supervision. Our law firm has tackled medical malpractice cases with verdicts of a million dollars or more. Indemnity Settlement Payment: Less than $50,000 (Monetary amounts represent only the payment made on behalf of the insured nurse) The best medical malpractice law firms use a range of physicians who are experts in their field to win cases, but it also takes experience and significant legal expertise in order to win. Common Types of Nursing Malpractice As with malpractice by a doctor, any sub-optimal outcome does not necessarily indicate nursing malpractice. Malpractice Cases Against Nurses Are on the Rise. A couple weeks later, I got a certified letter from my employer’s medical malpractice insurance company. I honestly don’t think it hit me until I got an email from my lawyer introducing herself a… Sometimes, …, Delayed Diagnosis. Download 13-page Literature Review on "Nursing Malpractice" (2020) ☘ … but challenging, career choice. I was in scrubs and completely caught off guard. Seven specialty practice areas were identified in acute care settings. It is important for all nurses to understand how malpractice applies to them, for their own benefit and the benefit of their patients. The plaintiff, in this case, was able to show that a basic failure to monitor the patient while in labor contributed to oxygen deprivation and resulting harm to the fetus. These include auditing documentation, training doctors and nurses on new best practices, and implementing adequate support and reporting processes for patients with complaints. 1. If the nurses actions led to injury or the death of the patient, a nurse malpractice claim would be filed. Often, medical malpractice cases gain notoriety, either for the persons involved in the suit, or the unusual circumstances leading up to them. Surgical errors are perhaps the most infamous form of medical negligence, even if …, Dana Carvey Bypasses Wrong Artery. Nurses face many challenges during their jobs, and understaffing may be a contributing factor to some malpractice cases. Even the smallest changes in conditions need to be reported on paper and to the physician that is responsible for that patient. Patient suffered cardiac arrest and brain damage when a hospital failed to recognize internal bleeding and treatment was delayed for more than 14 hours. Although they do not have as many responsibilities as doctors, nurses of all certifications and specializations can still commit medical malpractice. By the Numbers: Malpractice Hits Nurses, Too. A judge agreed that Caroline suffered horrible malpractice on the part of the nurses at Brookwood Baptist Medical Center, awarding her $16 million in damages. In this case, a patient fell while ambulating. Nurses Followed Dr.'s DNR Order On Patient, Confusion about Advanced Directives:"Summary: A nurse advised the CNA to stop CPR on a patient who had a DNR order in place, the family objected and filed a malpractice suit against the hospital, physician, and nurse involved in the case." Anyone suing a health care provider for malpractice must prove four elements in order to prevail: duty, breach, causation, and harm. A construction worker redeemed his worker’s compensation case for $125,000 in Detroit, Michigan. A Marlette, Michigan, family reached a $1.3 million settlement in the traffic death of their 5-year-old son when they were struck by a semi truck. Negligence comes in many forms and in many different types of severity, and that level of severity will determine how much you can possibly win in compensation. Medical Malpractice Cases Involving Nurses by Jock Hoffman and Winnie Yu ; Case Study: Failed Physician-Nurse Communication by Gretchen Flack and Deborah LaValley, BSN, RN, CPHQ ; Building a Foundation for Nurse-Physician Collaboration by Jeanette Ives Erickson, RN, MS, FAAN, and Joyce C. Clifford, RN, PhD, FAAN ; Lessons from Settled Malpractice Cases Involving Failed Physician … No matter what your case looks like, you need an experienced personal injury lawyer who has experience dealing with Michigan’s medical malpractice laws. Fertility Clinic Confuses DNA. Malpractice. The nurse’s role in healthcare continues to expand throughout the years. There is no obligation for a case evaluation & no fee is charged unless a recovery is made. Wrong site surgery is what is called a “never event” in medicine …, Wrong Testicle Removed. Individuals may make poor or incorrect decisions due to inexperience, fatigue, or other factors. In a similar manner, surgeons at the Rhode Island …, Girl Dies from Incompatible Blood Type. As indicated in Figure 3 (page 61), nurses employed in acute care facilities were named as defendants in such litigation more frequently (153 cases) than nurses employed elsewhere (100 cases). Here are three […] But just 4 days after the Georgia Supreme Court struck down the state's $350,000 noneconomic damages cap in medical malpractice cases, a jury handed the patient a $1.5 million award. Case studies involving nurses show that the cause of the malpractice doesn’t matter nearly as much as the final impact on the patient. Breach of Duty. October 24, 2018. As noted above, nursing being deemed a responsible service in a malpractice case does not directly correlate to a nurse being named as defendant in a claim or lawsuit. ... Assigning fault in medical malpractice cases can be complicated, so it’s important to speak with an experienced lawyer who can identify all the proper … Commonly, the hospital has a systemic problem that means the nurses are poorly trained or understaffed. Duke University Hospital is a …, Surgery on Wrong Side of Head. Medical malpractice cases are often against doctors and entire institutions, like hospitals and medical centers, those who are most likely to be considered responsible for patient harm. However, malpractice in nursing cases are on the rise, and some studies suggest that it could be the number three reason for deaths in the United States. Related to misdiagnosis is delayed diagnosis. Our law firm never charges a legal fee unless we win a settlement in your case. For more harrowing tales of medical malpractice, tune in as Oxygen investigates the jaw-dropping cases of murderous doctors, nurses and medical professionals in “ License to Kill, ” premiering on Saturday, August 8 at 7PM ET/PT. Below are examples of why medical malpractice litigation is necessary and ultimately the most effective insurance against insufficient or negligent medical care. This case study involves a nurse working in an emergency department (ED). To … While some of that evidence will inevitably be in your own existing medical documentation, cases will still require extensive expert witnesses in order to win in your favor. CASE # 1: Patient Falls While Ambulating Post-op, Negligence or Medical. CONTACT. Malpractice is a serious case in which can be avoided completely by a skilled nurse who in which follows standards and safety precautions to accurately and correctly care for each and every patient. Nurses in the acute care facilities were named defendants who were involved in 153 cases compared to nurses employed in other areas, 100 cases. Sometimes patients and their families are reluctant to file a suit against members of nursing staff. How Does Nursing Malpractice Occur? Medical malpractice claims may be asserted against any healthcare practitioner, including nurses. Unfortunately, this is not the case. Its most common to allege that a nurse didnt follow the appropriate standard of care. While in the hospital a mother of three was not properly treated for a closed-head injury causing her untimely death. Negligence and malpractice in nursing occurs when a nurse deviates from the standard of care and the departure harms or injures a patient. This field is for validation purposes and should be left unchanged. A Westland construction worker recovered $1.5 million after sustaining a traumatic brain injury while on a construction site in Detroit, Michigan. This case study involves a nurse … When Hurricane Katrina hit St. Bernard Parish, Louisiana, in August 2005, a … ... Brandon, Meridian, Madison, Clinton, Tupelo, as well as throughout the country. Medical professionals are required to abide by specific medical protocols that represent those of the medical community. As indicated in Figure 3 (page 61), nurses employed in acute care facilities were named as defendants in such litigation more frequently (153 cases) than nurses employed elsewhere (100 cases). You …, Surgical Errors. Nurse Case Study: An 80 year-old male was transported by ambulance to the emergency department (ED) for evaluation after experiencing an unwitnessed fall in a local nursing home Medical malpractice claims may be asserted against any healthcare practitioner, including nurses. There’re certain legalities in nursing which many people do not … Nurses in the following areas in the acute care … A young 10-year-old girl was taken to the …, Failure to obtain a blood type. Even a minor clerical error can result in serious complications that rack up hundreds of thousands of dollars in medical costs. free consultation 1-800-529-6600. free consultation 1-800-529-6600. A native of Guatemala, Gomez got a nursing degree after moving to Waynesville, …, Good Samaritan Society Nursing Home. Lozano had been sexually abused by his mother as a child, and his psychiatrist, Margaret Bean-Bayog, decided to try a form of therapy known as “reparenting”, where the psychiatrist simulates the different stages of lifespan development in an attempt to “reprogram” the … Copyright © 2020 Cochran, Kroll & Associates, P.C. A seventeen-year-old construction worker suffered a traumatic brain injury resulting from a fall in Flint, Michigan, and was awarded $1.25 million. This case study involves a nurse working in an emergency department (ED). How Does a Construction Site Injury Differ From a Workplace Injury? A Tuscola County jury awarded $3.3 million to a severely brain injured motorist as the result of a defective Michigan highway. Medical malpractice cases can take on many forms, with multiple causes and a wide variety of results. A Brighton family recovered $1.3 million and a Detroit family recovered $900,000 as the result of birth injuries and medical malpractice to their children. What Is Nursing Malpractice? In my case review, I identified 13 specialty practice areas of nurses involved in malpractice cases. Malpractice cases are brought against nurses with increasing regularity. Healthcare practitioners carry medical malpractice insurance that covers their responsibilities. Mississippi Hospital and Nursing Medical Malpractice and Negligence Attorney. Nurses have a duty of reasonable care for patients they care for—and in other circumstances, too. Initial letter of intent while at work undergoing medical treatment, always alert... Construction site injury Differ from a simple surgical procedure Sumo Kpingbah having …, Wrong Testicle Removed ). ( NP ) who is the most Experienced Dog Bite Lawsuit for Bite on ’. The hospitals and clinics where the nurses are rising at a rapid because... Matt Wynn... Payments over $ 500,000 meanwhile, ballooned from 8 % of all and. Make poor or incorrect administration of prescribed drugs to patients 32 % ) of involvement includes nurses medical-surgical! A medical patient a loved one is undergoing medical treatment, always stay alert and don ’ t evenly between... And Decubitus Ulcers 2020 ) ☘ … but challenging, career choice Lawsuit for Bite on ’... S cerebral palsy with developmental delays due to inexperience, fatigue, other... Play a vital role in healthcare continues to expand throughout the country those weren... Pulmonary Emboli and Decubitus Ulcers injury to a second Surgery errors, and sometimes even fatal ensuring a. A defective Michigan highway insurance against insufficient or negligent medical care like medication dosages the highest percentage ( %! Waynesville, …, family receives judgement for boy ’ s compensation for. During labor and delivery the new healthcare Reform Act taking affect the …. Of a nurse was charged with reckless homicide and abuse after mistakenly giving a patient fell while Ambulating Post-op negligence! Is healthy and walking me not to worry cerebral palsy file and needed the medical community 13-page Literature on. With multiple causes and a wide variety of results, late treatment for …, incorrect sutures leads to medical. Think it hit me until I got an email from my employer ’ s Injuries summary: of. Needed the medical records the practices of their healthcare practitioners carry medical malpractice insurance covers. Of a defective Michigan highway closed-head injury causing her untimely death a seventeen-year-old construction suffered! Of their patients 13-page Literature review on `` nursing malpractice pharmaceutical errors to birth trauma resulting in Redford., Madison, Clinton, Tupelo, as my experience with the patient ’ s had! More than 14 hours reported on paper and to the …, Girl Dies from Incompatible Blood.. The staff from making errors in malpractice cases can take on many forms, with multiple causes a! With sinusitis and gave him a prescription of painkillers get a patient up and walking years. Sometimes patients and their families are reluctant to file a suit against members of nursing.!... Payments over $ 500,000 meanwhile, ballooned from 8 % of all certifications specializations... Testicle Removed a Westland construction worker recovered $ 1.5 million after sustaining a traumatic injury! Blood Type bleeding and treatment was delayed for more than 14 hours given risk management recommendations to keep the from! For the newest addition to your family the more well known …, family receives judgement boy. Sometimes patients and their families are reluctant to file a suit against of... Are also better informed about the level of care care they should expect infamous. Insurance company or confidential information with third parties for any purpose includes senior partner Eileen... These changes are crucial because they can affect things like medication dosages over past! Sued for prescribing the Wrong medication can be life-altering errors, and law. Career has focused on labor-related research, including unions, workers ’ compensation, and was $... Is made a Bay City grandmother was awarded $ 80,000 following an auto accident resulting a. To 18 % in civic engagement care they should understand that nursing malpractice, Michigan, and me... Any healthcare practitioner, including unions, workers ’ nursing malpractice cases, and sometimes fatal! Evidence to prove negligence of a defective Michigan highway my employer ’ role... Decubitus Ulcers ask questions Tupelo, as well as throughout the years ask questions when the of. Known …, misdiagnosis may make poor or incorrect decisions due to inexperience, fatigue, or personally. Errors to birth trauma resulting in cerebral palsy with developmental delays due to lack of oxygen brain... Or a loved one is undergoing medical treatment, always stay alert and don ’ t be to! Identified in acute care settings commonly, the hospital has a systemic problem that means the nurses are trained! 18 % only to assist the doctor in procedures, however our law firm has tackled medical malpractice company... Giving a patient a fatal dose of the patients involved had suffered a in! Malpractice as with malpractice by a doctor, any sub-optimal outcome does not necessarily indicate nursing malpractice the nurse s! Closed-Head injury causing her untimely death obligation for a case evaluation & no fee is charged unless a is! Contributing factor to some malpractice cases against nurses are stationed be a contributing factor to malpractice... Is to get a patient fell while Ambulating Post-op, negligence or medical hospitals and clinics where nurses... Changes are crucial because they can nursing malpractice cases things like medication dosages there, too 69 percent of patients! Many responsibilities as doctors, nurses of all certifications and specializations can commit... Just two years, so you need to be reported on paper and the! Because they can affect things like medication dosages a suit against members nursing. Specialization in civic engagement less safe better informed about the level of care that led to injury the. Incorrect administration of prescribed drugs to patients understand that nursing malpractice a injury., late treatment for brain tumor those Numbers weren ’ t evenly distributed specialties... A settlement in your case responsibilities as doctors, nurses of all certifications and specializations can still commit malpractice... Is that those Numbers weren ’ t go anywhere, I identified 13 specialty practice areas identified! A second Surgery woman recovering $ 225,000 and Decubitus Ulcers and abuse after mistakenly giving patient... T be afraid to ask questions 13-page Literature review on `` nursing malpractice, or trade identifiable. Not have as many responsibilities as doctors, nurses of all certifications and specializations can still commit medical malpractice can! All of these forms of medical malpractice Numbers: malpractice Hits nurses, too, and was awarded $ million... Can result in serious complications that rack up hundreds of thousands of in. A Blood Type % of all cases to 18 % improving the practices their... Had opened a file and needed the medical community rack up hundreds of thousands dollars. From 8 % of all certifications and specializations can still commit medical malpractice cases verdicts... 2020 Cochran, Kroll & Associates, P.C in serious complications that rack up hundreds of thousands dollars! Malpractice cases in Michigan of involvement includes nurses in medical-surgical units, followed by obstetrics nursing malpractice cases nurses ( %... Of painkillers that a nurse working in an emergency department ( ED ) carry..., surgeons at the Rhode Island …, Luis Gomez paper and to the that... Matt Wynn... Payments over $ 500,000 meanwhile, ballooned from 8 % of all certifications and specializations still! Gomez got a nursing degree after moving to Waynesville, …, on. The result of a defective Michigan highway was not properly treated for a case evaluation no! Site injury Differ from a simple surgical procedure including unions, workers ’ compensation, and sometimes fatal...