Nurses are an integral part of our healthcare system. Before we meet with physicians, surgeons, or other medical specialists, nurses typically welcome us into the clinic or hospital, take our vital signs, and make us feel more at ease. Moreover, nurses are highly trained medical professionals who perform a wide array of services and procedures, from putting in IVs to intubating patients who are in need of critical medical care. The effects of the pandemic are still shaping the healthcare industry, and data compiled by the American Association of Colleges of Nursing found that “the total supply of RNs decreased by more than 100,000 from 2020 to 2021—the largest drop than ever observed over the past four decades.” It’s also worth noting that “a significant number of nurses who left the workforce were under the age of 35, and most were employed in hospitals.” In light of this anticipated nursing shortage, these professionals are needed more than ever, especially as the “Baby Boomer” generation continues to age and require more regular and extensive healthcare services.
While nurses play a vital role in hospitals and medical centers, they can make errors that put patients at increased risk of injury or harm. If a patient is seriously injured or suffers a severe adverse health condition at the hands of a negligent medical provider (such as a doctor, surgeon, or nurse), they may be able to file a medical malpractice lawsuit against the at-fault party in order to recover the compensation they need to support the costs of their recovery journey. However, it’s important to understand that just because a patient experiences unintended outcomes while in the medical professional’s care, this may not mean you can file a claim against the provider. Filing a nursing negligence lawsuit in Washington state can be challenging without the guidance of a highly experienced and caring Seattle medical malpractice legal advocate.
As Seattle’s go-to medical malpractice law firm, Menzer Law Group is committed to serving every client with the attention, focus, and compassion they deserve during this overwhelming time. We are intentionally selective in the cases we take on, which means that we can focus our attention and expertise on the cases where we believe that we can have the most significant and lasting impact. If you or a loved one has suffered serious harm that you believe was caused by negligent medical care, we encourage you to schedule a free case evaluation with us. In the meantime, let’s take a closer look at the steps that are required to bring a nursing malpractice claim in Washington state and how seeking the support of a skilled nursing malpractice attorney can help you navigate this challenging process.
Recognizing Common Examples of Nursing Negligence in Washington State
Nursing errors can occur in many different ways. Essentially, medical negligence happens when a healthcare provider breaches or fails to uphold the duty of care owed to every patient entrusted to their care. In other words, if a similarly qualified colleague were in the same position and caring for the same patient, their approach would align with the professional standards and duty of care. In contrast, the nurse who acted negligently would deviate from the standard of care and put the patient at increased risk of injury or harm. Below are just a few examples of nursing negligence that may result in patient injury.
Medication Errors
Nursing staff usually administer medication to patients under their care. Before giving a patient medication, the nurse is responsible for taking the patient’s history and determining whether there are any known allergies, as well as noting any other medications that the patient is currently taking. Failing to gather this information can lead to dangerous drug interactions and other adverse health events. Nurses are also responsible for administering the prescribed dosage, as the wrong dose of a medication can put the patient’s health at risk and cause serious harm.
Failure to Monitor a Patient’s Condition
When a patient is admitted to a hospital or surgical center, nurses are tasked with monitoring their condition to ensure that any complications or issues are treated immediately. For instance, a nurse may check on the same patient several times during their shift, monitoring their vital signs and asking the patient questions about how they are feeling. Leaving a patient alone too long or ignoring their concerns can lead to health complications, causing the patient further harm or injury. Moreover, releasing a patient from the hospital without sufficiently monitoring their condition can jeopardize their health when they return home.
Ignoring or Delaying Instructions From Doctors
After the doctor evaluates the patient, they may tell the nurse to take certain steps or perform tests in order to care for the patient. When a nurse ignores these directions or delays critical tests or procedures, the patient’s health can suffer or deteriorate. If you suspect that you were injured or that your health worsened because a nurse neglected to follow through with critical care or procedures ordered by your doctor, you may be able to sue the nurse for medical malpractice.
Failure to Respond Appropriately During a Medical Emergency
Emergency rooms and urgent care centers rely on nurses to treat patients quickly and effectively. Acts of medical negligence in these settings can lead to serious patient injuries and lasting harm. Patients who suffer harm because of an emergency room error may be entitled to recover compensation by filing a nursing malpractice claim. Hospitals may also be liable for emergency room negligence that results in serious patient harm. If you have been seriously injured due to the action or inaction of emergency providers, contact Menzer Law Group for a complimentary case evaluation.
How to Pursue a Nursing Malpractice Claim in Washington State
In Washington state, RCW 4.16.350 allows patients to pursue a civil action for damages for injuries occurring at the hands of licensed health care providers, including “a physician, osteopathic physician, dentist, nurse, optometrist,” and many other healthcare professionals. In order to create a strong medical malpractice claim, you will need to address and provide clear evidence in support of the following four elements outlined below.
The Nurse Owed You a Duty of Care
First, you need to show that you were under the care of a nurse at the time of the incident. Hospital records and other intake forms can help to prove that you sought medical attention and were under the care of nursing and hospital staff. Since all medical professionals, including nurses, are required to uphold a duty of care to the patients they treat, showing that you were seeking medical care at the time of the injury or event establishes a provider-patient relationship (and, therefore, the nurse treating you owes you a duty of care).
A Breach of Duty Occurred
Next, you must demonstrate how the nurse failed to uphold the duty of care owed to you as their patient. In other words, how did their behavior deviate from or fail to uphold the standard of care that another nurse in the same position would have demonstrated? Medical malpractice claims often rely on expert witness testimony to illustrate the differences between the standard of care and how the at-fault party neglected to uphold this duty of care.
The Failure Caused Patient Harm
This third element is the cornerstone of a successful medical malpractice claim. Essentially, you will need to show how the medical negligence directly caused the injuries or adverse health conditions you suffered as a result. In order to establish this connection, you can use medical records, expert witness testimony, and other forms of evidence to illustrate how the nurse’s negligent actions resulted in serious complications or permanent injuries.
Your Injuries Entitle You to Recover Compensation
Once you have shown how the negligent medical provider failed to uphold the duty of care owed to you as their patient, which caused you harm or injury, you must demonstrate the actual damages caused, for which you are entitled to recover compensation from the at-fault party. A dedicated and experienced legal advocate can help you identify the costs of your injuries (i.e., using medical bills, physical therapy costs, lost wages, and other monetary losses) along with other damages such as pain and suffering, emotional distress, and other psychological injuries you have endured as a result of the medical provider’s negligence.
How Seattle’s Top Medical Malpractice Law Firm Can Help
Medical malpractice claims can be complex to navigate on your own, especially when you are overwhelmed by your physical recovery and coping with a significant amount of stress. When you partner with a trusted Seattle medical malpractice law firm, you can move forward with greater understanding and confidence. A knowledgeable legal advocate can help you to determine liability, build a strong medical malpractice claim, and pursue the damages you need to support the costs of your recovery.
Medical providers owe a duty of care to the patients they serve. If you have suffered an injury or adverse health issue at the hands of a negligent doctor, nurse, or hospital worker, you may be entitled to recover compensation by filing a medical malpractice claim against the at-fault party. The dedicated and highly qualified team of medical malpractice attorneys at Menzer Law Group are deliberately selective in the cases they take on to ensure that they can direct their efforts toward cases where they believe they can have the most profound and lasting impact. Please contact our Seattle, Washington office to schedule a complimentary review of your claim by calling (206) 903-1818.