Nursing Malpractice Case Study: Legal and Professional Considerations

This case study examines a scenario involving nursing malpractice, where a nurse's negligence in administering medication to a patient with abdominal pain and a history of heart disease led to patient harm. The assignment explores the legal implications, including the patient's rights to compensation and the ability to sue the nurse and the hospital. It addresses key legal concepts such as vicarious liability and the standard of care, highlighting the legal responsibilities of both the nurse and the hospital. The assignment also details the steps involved in litigating the case, from contacting the medical practitioner and licensing board to obtaining expert medical assessments. The references provided support the analysis of the legal and professional issues within the context of the case.

Legal and
Professional Issues
in Nursing
Student's Name:
Student's ID:

Healthcare scenario
Malpractice is
considered as
the legal
issue that
occurs when
the patient
gets harmed
or injured by
the nurses or
doctors
(Brickley, Lu
& Wedig,
2017)
A common
example of
malpractice is
when the
nurse
accidentally
or
intentionally
pierce a
sharp tool to
the patient
Next example
is negligent
acts where
the nurse
administer
wrong or
improper
medicines
One more
example of
malpractice is
when a nurse
leaves her
shift to take a
phone call in
the middle of
the treatment
(Cooper,
2016)

Continued…
• The scenario is based on the
negligence or malpractice of
nurse towards the treatment of
the patient
• A patient around a 50-year-old
man who comes to the hospital
with abdominal pain
• He was admitted to the
emergency room and had a
family history of heart disease
• The doctor prescribed some
medications and injections for the
patient

Continued…
• The nurse failed to follow the notifications of the doctor and gives
the wrong medication to the patient
• Along with the wrong medication, the nurse does not inform the
doctor on time
• As a consequence, it causes harm to the patient and put him in
severe condition
• It is a type of malpractice which includes negligence of the nurse
towards the patient

Legal considerations
Several legal
rights are
acquired by
the patient in
case of
malpractice
The patient
has the right
to recover
compensation
for harm or
injury results
from wrong
medication
(Ryll, 2015)
The patient
has the right
to sue the
nurse for
negligence
He can file a
malpractice
lawsuit against
the hospital
and the nurse
in the court
He can also file
medical suit on
the hospital for
employing the
nurse

Continued…
• The patient has the right to contact a malpractice attorney to receive
the right care
• As per the legal rule of vicarious liability, the hospital is legally liable
for malpractice committed by the nurse (Brous, 2019)
• Malpractice occurs when a healthcare professional fails to meet the
standard of care as per medical malpractice law (Carr & Michell, 2018)
• The hospital, as well as the nurse, has many legal rights regarding the
malpractice lawsuit

Continued…
• The hospital or the nurse has the right to notify the medical
malpractice insurance carrier
• Right to know the legal principles of malpractice and nurse
practice act
• The hospital has the right to protect or defense the nurse
from being sued
• Nurse acquires the right to prove herself innocent and not
involved in the negligible act

Resolutions to litigate the case
The malpractice case was filed by the patient
after proving various elements like the
breach of duty
The case was created based on all the
evidence to make a better impression on the
court
The case was filed immediately after getting
injured in the court with the help of a lawyer
The patient found out a skilled medical
malpractice attorney to receive
compensation and file the case

Continued…
• At first, the lawyer contact the medical practitioner who was involved
in malpractice
• Then, the attorney contact the medical licensing board that governs
the medical license
• Check the period of filing a medical malpractice claim
• Contact an expert to obtain a medical assessment that shows the
injuries get from the negligence of nurse (Vrbnjak, Denieffe,
O'Gorman & Pajnkihar, 2016)

References
•Brickley, J. A., Lu, S. F., & Wedig, G. J. (2017). Malpractice laws and incentives to shield assets: evidence
from nursing homes. Journal of Empirical Legal Studies, 14(2), 301-332.
•Brous, E. (2019). The Elements of a Nursing Malpractice Case, Part 2: Breach. AJN The American Journal of
Nursing, 119(9), 42-46.
•Carr, K., & Michell, K. (2018). Medical malpractice insurance–nice to have or need to have?. Occupational
Health Southern Africa, 24(5), 162-163.
•Cooper, P. J. (2016). Nursing Leadership and Liability: An Analysis of a Nursing Malpractice Case. Nurse
Leader, 14(1), 47-51.
•Ryll, N. A. (2015). Living through litigation: malpractice stress syndrome. Journal of Radiology Nursing,
34(1), 35-38.
•Vrbnjak, D., Denieffe, S., O'Gorman, C., & Pajnkihar, M. (2016). Barriers to reporting medication errors and
near misses among nurses: A systematic review. International journal of nursing studies, 63, 162-178.