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Discussion

How likely is to sue nurses?

I just read a story about a nurse accidentally overdosing the medication for a baby. Well, can the parents sue the nurse? Or do they just sue the HOSPITAL as a whole?

Featured Replies

The nurse can be sued as an individual.

OOOOHHHHH yes, the nurse can be named individually in a lawsuit, and sued separately from the hospital.

  • Expert

Yes, the nurse can and may be sued. Then, if there is a settlement made on behalf of the nurse, this information gets reported to the BON and you can face a hearing and disciplinary action via this route too.

  • Author

Well what if the nurse did it accidentally, and not intentionally? That seems like a lot of pressure for the nurses then. I am not saying that nurses should be careless, but sometimes miscommunication occurs between nurses, etc.

Not a pediatric nurse by any means however, to my knowledge, pediatric dosing (particularly infants) is a big deal with no room for error. So a case for negligence would exist where due diligence can be shown to be the norm otherwise.

On the larger scheme of things regarding nurse culpability and discipline in general. If you look at what nurses are actually disciplined for to the point of suspension and or revocation, by far the largest percentage of infractions are due to substance abuse issues.

  • Expert

That is correct - most nursing discipline handed out is for drug abuse/diversion occurrences.

However, it DOES happen that a nurse is disciplined for culpability handed down by a lawsuit.

  • Author
most nursing discipline handed out is for drug abuse/diversion occurrences.

What do you mean by "drug abuse/diversion occurrences"?

Thanks for replying everyone!

  • Expert

Most discipline by the BONs is for diverting drugs at work, using drugs off-duty and getting caught, that type of thing.

So is that why during nursing school and mind you I'm just a LPN our instructors said things can go wrong and to think about malpractice insurance so just in case something happens your covered. They couldn't say much about the Nursing License if something bad was to happen that's up to the board and whoever else but at least you won't on the streets. These are my thoughts use them as you wish..Anthony

It is POSSIBLE, but very unlikely. Folks go after the real money - which is hospitals and doctors.

  • Expert
Well what if the nurse did it accidentally, and not intentionally? That seems like a lot of pressure for the nurses then. I am not saying that nurses should be careless, but sometimes miscommunication occurs between nurses, etc.

Doesn't matter whether it was accidental or intentional: the nurse can still be sued.

You can sue anyone for any reason at any time. That doesn't mean that every lawsuit makes it to the courtroom...

  • Author

Oh right, malpractice insurance. Forgot about that.

~

When someone sues the hospital, about how many cases are successful? Does anyone know a recent statistic? I am just curious...

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