- Depending on the circumstances, nurses can be sued for medical malpractice or negligence based on their actions or inaction.
- Roughly 18% of closed medical lawsuits from 2018 to 2021 included registered nurses (RNs), licensed practical nurses (LPNs), nursing assistants, and nursing students.
- Common allegations against nurses include lack of patient monitoring, medication errors, patient falls, or pressure injuries.
If you're wondering if nurses can be sued for malpractice, the answer depends on where they work. In August 2022, the North Carolina Supreme Court struck down a 90-year-old precedent that protected nurses from liability — this means that nurses in the state can be sued, even for following doctor's orders.
About 18% of closed medical lawsuits between 2018 and 2021 included RNs, LPNs, nursing assistants, and nursing students. It's not common for nurses to be sued for malpractice, but if you find yourself involved in a lawsuit, here's what the attorneys we spoke to recommend you do (and don't do).
Defining Medical Malpractice
According to Min Hwan Ahn, an attorney in Pennsylvania, "malpractice is a type of negligence or failure to provide the proper care that results in harm to the patient. Treatment errors are mistakes made during the course of providing care, such as administering the wrong medication or performing a procedure incorrectly."
Thomas Simeone, personal injury attorney and adjunct law professor in Washington, D.C., notes that each state has its own rules and regulations that govern medical malpractice. "Those rules will determine whether a claim for a nurse's negligence is considered medical malpractice or not. That will depend on the services at issue, where they were performed, and other staff involved," he says.
The following actions and inactions can lead to a malpractice lawsuit:
- Failure to monitor the patient and respond to a change in vital signs promptly
- Failure to update the patient's chart with changes or accurately record their condition
- Failure to ensure the medical equipment is working properly
- An error in treatment administration or routine care, such as taking blood pressure or drawing blood, that causes injury
There are some cases where inaction is necessary. For example, it may be appropriate to withhold digoxin if a patient's pulse is less than 60 beats per minute. However, if the nurse does not document the patient's pulse rate and that the medication was not given, they can be sued for negligence and cited for failure to administer medication without cause.
Can a Nurse Be Sued for Malpractice?
Nurses can be named in medical malpractice lawsuits with other practitioners. The review of medical malpractice lawsuits found the top accusations against nurses were patient monitoring (45%), medication mistakes (18%), patient falls (14%), and pressure injuries (10%).
When it was alleged the nurse did not monitor their patient, it resulted in death 49% of the time. Medication errors are potentially catastrophic; nearly 40% of medical malpractice lawsuits include a drug administration error.
Communication is an important factor in patient care, and a lack of communication can result in malpractice. For example, a 62-year-old woman's son brought a wrongful death lawsuit against a nurse because she didn't notify the doctor that the color and odor of his mother's emesis had changed and the woman died not long after.
In another claim, an 80-year-old man was transported to the emergency room after experiencing an unwitnessed fall in a nursing home. While in the emergency room, the patient was noted to be confused, uncooperative, and incontinent. His tests were negative, but he fell again in the emergency room and experienced a right hip fracture which required surgical reduction.
Despite efforts to prevent a fall, the patient was not located within direct sight of the nurses' station and should have received additional monitoring to minimize the risk. The parties reached a settlement and the nurse was responsible for 45% of the total settlement.
What to Do if You're Sued for Malpractice
Five attorneys offered advice on what nurses should and shouldn't do after being notified that they are being sued. Following their advice can help protect you financially and professionally.
What You Should Do
Ahn suggests that nurses also seek support from their colleagues, friends, and family as a medical malpractice lawsuit creates significant stress.
What You Should Not Do
Meet Our Contributors
