What Is Malpractice in Nursing in a Georgia Personal Injury Case?

    Posted on Monday, July 22nd, 2024 at 9:08 am    

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    Were you injured by the medical malpractice of a nurse in Georgia? If so, you could file a personal injury case against the at-fault nurse for your injuries resulting from their malpractice in nursing. Seek help from the Georgia medical malpractice attorneys of Jonathan R. Brockman, P.C..

    The Definition of Malpractice in Nursing

    Medical malpractice is a specific subset of tort law that deals with professional negligence. As a term, medical malpractice describes any act or omission by a nurse during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient. The duty of a nurse to a patient is to follow generally accepted professional standards. Documenting proof for malpractice is challenging, but it is possible with the diligence of knowledgeable medical malpractice attorneys in Georgia. It is wise not to postpone personal injury claims related to medical malpractice. The risk of losing vital documentation is too significant.

    Examples of Malpractice in Nursing

    What are examples of nursing malpractice situations? Malpractice in nursing can take many forms, but some of the most common examples include:

    • Medication Errors – Nurses who provide patients with or submit prescriptions for the wrong medications or dosages put patients at risk. Mixing certain medications can have dangerous consequences, and specific high-risk individuals, such as pregnant women, cannot administer medications due to the side effects.
    • Failure to Monitor Patients – A nurse who fails to monitor a patient properly may miss warning signs if something goes wrong. For example, failing to monitor vital signs or changes in the patient’s condition could result in undetected complications.
    • Inadequate Assessments – A nurse failing to conduct a thorough assessment and monitoring or ignoring a patient’s complaints or symptoms may result in the patient not receiving the medical treatment they need.
    • Improper Use of Equipment – If a nurse misuses or improperly operates medical equipment, it could cause harm to the patient. For example, if a nurse fails to protect a pregnant woman before taking X-rays, the child could suffer damage.
    • Poor Documentation – Inaccurate or incomplete patient records can result in undiagnosed conditions and prevent patients from receiving the necessary treatment. Even something as simple as paperwork errors can significantly impact a patient.

    How to Prove Nursing Malpractice?

    To prove a nurse engaged in medical malpractice, you must demonstrate four key elements:

    • Duty of Care – First, you must establish that the nurse owed you a duty of care, which medical professionals owe their patients. You could do this by showing that the nurse in question was responsible for part of your treatment.
    • Breach of Duty – Second, you must demonstrate that the nurse breached their duty somehow, such as by failing to provide the treatment adequately.
    • Causation – Third, you must show how the nurse’s breach directly caused your injury. This may include having an expert witness testify that your injury would not have occurred if the nurse provided adequate treatment.
    • Damages – Finally, you must suffer damages due to the injury. For example, the injury caused by the nurse may have forced you to undergo further treatment and take time off from work.

    Gathering evidence is crucial for proving liability in your nursing malpractice case. Your attorney will collect your medical and financial records and expert witness testimony to support your claim and justify the compensation you’re seeking for your injuries.

    Furthermore, in Georgia, you will need to provide an affidavit from a qualified medical expert in the same nursing field as the person who allegedly harmed you. This affidavit will include the expert’s support of your claim and indicate where, exactly, the mistake occurred. If you do not submit this affidavit, the court will likely dismiss it, costing you your chance at fair compensation.

    Who Is Liable for Nursing Malpractice Injuries?

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    It may seem obvious that the nurse who caused your injuries is held liable for them. There may be others who are held accountable, as well. For example, employers are sometimes liable for the harm their employees cause.

    The hospital or medical provider could be liable for negligent hiring or failing to provide adequate nurse training. Your attorney can assist you in uncovering all parties liable for your injuries. They can also help you file a medical malpractice claim.

    Contact Our Atlanta, Georgia Personal Injury Attorney

    Were you injured by a nurse’s malpractice in Atlanta, Georgia? Contact Jonathan R. Brockman, P.C. online or at (770) 205-8827 for a free consultation with one of our experienced attorneys. We’ll evaluate your case, explain your legal options, and answer any questions you have. The law firm has experience in dealing with similar notable cases with favorable results.

    Related Posts:

    Surgical Errors: What You Need to Know

    The Doctor-Patient Relationship in a Medical Malpractice Case

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