According to the National Council of State Boards of Nursing the number of disciplinary actions for practice related issues such as failure to assess or intervene, documentation errors and medication errors for RNs has risen significantly in the last five years. Nurses should be concerned about medical malpractice because nurses are held liable for their own negligence and could find themselves being sued for malpractice.
Elements of Medical Malpractice
Medical malpractice can be generally defined as negligence on the part of a physician, nurse, EMT, hospital or other health care professional which causes physical or emotional damage to a patient under their care. This includes failure to diagnose an illness in a timely professional manner, surgical mistakes, mistakes in the delivery of a child, mistakes with medications, or causing any loss or injury by not performing professionally. Medical malpractice is limited to negligence which occurs in the course of medical or health care, and the basic legal issues involved in medical malpractice are the same as the legal elements in common negligence.
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