The U.S. Agency for Healthcare Research and Quality finds that doctors are perceived as being the ones “in charge” of a health care team. This is true. However, a physician may only spend 30 to 40 minutes a day with even the most critically ill patients. Nurses are a constant presence at the patient’s bedside. Nurses play the vitally important role of ensuring patient safety by monitoring a patient’s condition and communicating to doctors their observations. Importantly, nurses are the ones charged with making sure that all medical devices and apparatus are hooked up correctly and working properly. Finally, nurses are the ones responsible for carrying out a doctor’s instructions as to medications
In late September, the New Jersey State Nurses Association will hold its annual convention at Bally’s Casino in Atlantic City. One of the featured guest speakers will discuss the issue of nursing malpractice and how nurses can take steps to “holistically protect themselves” from malpractice claims. Historically, doctors and hospitals tended to be the typical defendants sued in medical malpractice cases. Increasingly however, nurses are also being named as defendants in malpractice suits due to the major role they now play in providing health care to patients.
According to Nursing Center.com, several factors have resulted in the increase in the number of malpractice cases brought against nurses. First, due to cost containment efforts by hospitals, nurses often find themselves delegating more of their professional tasks to unlicensed personnel. Hospital downsizing also contributes to greater nursing workloads thereby increasing the possibility of errors. Additionally, the duties and responsibilities given to nurses in the exercise of advanced nursing skills have increased the risk of liability.
According to Advance Healthcare Network, the most common categories of malpractice claims against nurses include the following:
- Failure to assess and monitor a patient’s condition.
- Failure to follow standards of care required by the hospital or the state board of nursing.
- Failure to use medical equipment in a knowledgeable and responsible manner.
- Failure to thoroughly document a patient’s condition.
- Failure to act as a patient advocate.
- Failure to communicate a patient’s complaints to a doctor in a timely fashion.
Finally, nurses are often sued due to medication errors. A nursing medication error could mean giving the patient the wrong drug or the wrong dose. Nursing mistakes and errors can result in significant injuries to health-care patients.
New Jersey oversight
Nursing is a highly regulated profession. The New Jersey State Board of Nursing is charged with the duty to protect the health and safety of patients through overseeing and guiding competent and ethical nursing. The Board licenses nurses in order to attempt to ensure that license applicants meet certain standards of competency and therefore further the public health. After licensing, the Board mandates a regimen of continuing education. If nurses fail to comply with New Jersey laws and regulations, the Board has the power to discipline nurses by suspending or revoking their license. Unfortunately, despite a high degree of regulatory oversight of the nursing profession, acts of nursing malpractice continue to occur in our hospitals.
Seeking Compensation
New Jersey law affords those victimized by medical malpractice the right to seek compensation for injuries they have sustained. If you suspect that you or a loved one has been the victim of nursing malpractice, you should contact an attorney as soon as possible. An attorney experienced at handling medical malpractice cases can look into the matter and advise you on how to proceed in seeking monetary compensation.
