Robert A. Solomon, P.C.
Two Offices Serving
New York and New Jersey

The elements of nursing medical malpractice

When it comes to medical malpractice, most people associate this with a doctor or some type of medical facility, such as a hospital. But did you know that many other medical professionals, such as nurses, could be responsible for medical malpractice as well?

From a patient perspective, there are four elements of medical malpractice before a claim can be filed:

-- Duty

-- Breach of duty

-- Damages

-- Causation

In a medical malpractice case, it is up to the person with the complaint to prove that the nurse was negligent.

Let's examine the first of the four elements detailed above: duty.

This is what a nurse owes the patient. For example, this includes following all physician orders in the appropriate manner. Any duty that is undertaken must be performed correctly and on time.

Duty goes along with breach of duty. This is when the nurse fails to live up to his or her responsibilities, such as failing to provide the patient with a safe environment.

While nurses and other medical professionals should do whatever it takes to avoid matters of medical malpractice, patients should always be looking out for what is in their best interest. This goes a long way in helping pinpoint problems before they turn into something much more serious.

When it comes to nursing medical malpractice, there are two sides: the nurse and the patient. If you have reason to believe that you were a victim of nursing medical malpractice, it is time to take a closer look at the four elements that will help you decide if this is truly the case.

Source:, "The 4 Elements of Medical Malpractice in Nursing," Katie Morales, accessed April 14, 2016

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