Medical Malpractice Lawyer Serving Vermont

Nursing errors frequently form the basis for a medical malpractice claim. Nurses’ conduct is governed by the same standards that apply to doctors and other health providers and to bring a malpractice claim under this category, you must be able to establish that the nurse or nurses providing care failed to exercise the degree or care and judgement that would be ordinarily be exercised by a reasonably prudent nurse in their position. If you believe that you have sustained an injury or illness from nursing care, you should immediately contact an experienced medical malpractice attorney.

The requirements for being able to prove a case for malpractice against nurses are included in the same statute that applies to the conduct of doctors and others under 12 V.S.A. 1908, which states in part as follows:

“For the purpose of this section, malpractice shall mean professional medical negligence comprised of the elements listed herein. In a malpractice action based on the negligence of the personnel of a hospital, a physician licensed under 26 V.S .A. chapter 23, a dentist licensed under 26 V. S .A. chapter 13, a podiatrist licensed under 26 V.S.A. chapter 7, a chiropractor licensed under 26 V. S .A. chapter 9, a nurse licensed under 26 V.S .A. chapter 27, or an osteopathic physician licensed under 26 V. S. A. chapter 33, the plaintiff shall have the burden of proving:

(1) the degree of knowledge or skill possessed or the degree of care ordinarily exercised by a reasonably skillful, careful, and prudent health care professional engaged in a similar practice under the same or similar circumstances, whether or not within the State of Vermont;

(2) that the defendant either lacked this degree of knowledge or skill or failed to exercise this degree of care; and

(3) that as a proximate result of this lack of knowledge or skill or the failure to exercise this degree of care, the plaintiff suffered injuries that would not otherwise have been incurred.”

Some common examples of nursing errors include putting the wrong information into the medical chart or misinterpreting what is contained in the medical record. Other examples are failure to adequately monitor the patient’s condition or respond to their needs in a timely manner, medication mistakes, and failure to assist the patient out ofbed, moving to the bathroom or other location which results in a fall and consequent injuries, and failing to make sure the patient does not remain in one position for too long and develops bed sores which can be extremely severe and become infected leading to further injuw and illness.

David has successfully handled medical malpractice cases involving nursing errors.