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Nursing Malpractice: Whom to Sue


Medical malpractice is, of course, not only limited to physicians who commit malpractice. Other medical practitioners may also be found liable for medical malpractice. Nurses, for example, are often responsible for much of the care patients receive in a hospital setting. Nurses sometimes move patients for treatment, they monitor vitals, draw blood and sometimes administer medication. All of these areas of patient treatment are fraught with possible neglect or wrongdoing.

But when nurses are indeed accused of medical malpractice, who should an injured patient pursue for personal injury damages?  The answer depends on a variety of factors this blog post will uncover:

The Hospital:

Hospitals are typically seen by courts as responsible for nurses who commit malpractice when:

  • the nurse is employed by the hospital in question
  • the patient was injured while the nurse was completing a job duty or task, and
  • an independent physician (not employed by the hospital) was not in control of the nurse when the accident occurred

The fact is hospitals are often named in nursing malpractice claims because most nurses are employees of hospitals. And while it is often the case that the hospital is responsible for oversight of the nurse, there are cases where the hospital is not in fact responsible for any resulting damages linked to the nurses' behavior or neglect.

Attending Physician:

Even if the nurse is employed by the hospital in question, the hospital may be found not to be liable for nursing malpractice if the nurse is under the direct supervision of the attending physician (and if the physician is not an employee of the hospital – in many cases, doctors based in hospital setting are not employees of the hospital). A nurse may be found to be under the direct supervision of the attending physician if:

  • The doctor was present at the time of the incident
  • The doctor was in a position to intervene and control the nurse's neglect

Whenever medical malpractice is suspected and patient injury results, it is vitally important that the injured party or their loved ones seek the counsel of experienced medical malpractice attorneys like those of Panio Law Offices in Chicago.

We understand Illinois medical malpractice law, and are able to navigate the complexities of proving fault in these cases, including accessing expert medical testimony, documenting injuries and determining the appropriate subjects of your medical malpractice claim. Call one of our experienced personal injury attorneys at (708) 928-8680 today. We can help.

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