According to the National Practitioner Data Bank, the total payout for medical malpractice in 2014 was $3,891,743,050. Statistics reveal that 33% of medical malpractice allegations involved misdiagnosis, while 28% pertained to surgery errors. 18% of payout money for medical practice was for treatment errors.
According to the National Practitioner Data Bank, the total payout for medical malpractice in 2014 was $3,891,743,050. Statistics reveal that 33% of medical malpractice allegations involved misdiagnosis, while 28% pertained to surgery errors. 18% of payout money for medical practice was for treatment errors.
Medical malpractice generally refers to physical, emotional, or monetary damage to a patient caused by professional negligence by the hospital or its staff. Its scope includes doctors, nurses as well as other healthcare professionals. It is mostly associated with doctors. However, what most people are not aware of is that the incidences of medical malpractice are also highly common in the nursing profession.
Standard of Care
The derivation of the Standard of Care comes from organizational procedures and policies as well as those from regulatory bodies. Opposing councils review these policies and procedures. These could be either specific or general to the nursing practice. However, it should not be either too broad or too narrow, and periodical reviews should be conducted.
Elements of Malpractice in Nursing
There are four basic elements of medical malpractice that are required to be fulfilled before a claim is filed:
- Duty
- Causation
- Damages
- Breach of duty
Duty – The patient is owed a duty by any medical professional. Nursing duty, includes the interpretation and the following of a physician’s orders. When a duty is undertaken, it must be performed correctly.
Breach of Duty – The responsible party breaches the duty owed to the patient. For example, a nurse puts the bed down and fails to provide the patient with a safe environment.
Damages – The breach of duty results in damages. For example, the patient falls out of the bed mentioned above and fractures an arm, which in turn incurs damages. There are no damages if the patient has a fall but does not sustain any injury. Well, there could be a psychological issue and if this happens all the time, then something needs to be done about this.
Causation – The injury must have a direct cause and effect. In most cases, this element is hardest to prove. For instance, if the bed had not been left high by the nurse, the patient would not have fallen.
Finding Legal Expertise
Medical malpractice is one of the most difficult types of personal injury cases. It is a long and complex process that requires the expertise that only an attorney experienced in medical malpractice can provide. You should make sure that you hire a lawyer whose caseload is primarily made up of medical malpractice cases. This is the best way to determine if they can handle your case and make sure that your rights are protected.
A Golden Law Firm
If you or a loved one has been injured or harmed due to a nurse’s negligence, you should seek the help of the reliable and experienced medical malpractice attorneys at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212-344-1000.
RMFW Law knows how to win cases and has been doing it for years. We know what it takes to win and we know how to punch holes in the opposition’s case. The first meeting with us is free and we want to hear what you have to say. Medical malpractice cases are not easy to win but if your case is viable, we will carry the legal baton with you all the way until the end.
We only take a percentage of the final settlement so in essence you never actually pay us anything. What is your side of the story? We have a long line of satisfied clients, we hope you are soon one of them.
