Negligence in Nursing - Claims Guide Australia | Law Partners

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Negligence in Nursing Claims Guide.

We naturally trust medical professionals with our care and treatment. But mistakes do happen and sometimes the wrong decisions are made, and this can amount to negligence in nursing if you’ve suffered an injury, illness, or other loss as a result.

If you think you’re a victim of negligence in nursing, whether it’s a case of gross negligence in nursing treatment or negligence in nursing care you’ve received, you could be entitled to claim compensation.

How do I know if I can make a negligence in nursing claim?

You can make a negligence or malpractice in nursing claim in Australia if you’ve suffered physical or psychological injury, developed an illness, or have suffered another loss due to negligence in nursing care or a breach of duty.

If you’re not sure whether you’ve been a victim of negligence in nursing, here are some questions you can ask yourself:

  • Did the treatment or care given by a nurse result in an injury, illness or other loss?
  • Was the treatment given below the standard I’d expect from a nurse?
  • Would my injury or loss have been avoided if better nursing care was given?
If you can answer yes to these questions, it’s likely that a case of negligence in nursing has taken place. This means that you’re likely to be able to make a claim for compensation.

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What is a breach of duty in nursing?

All nurses in Australia owe a duty of care to their patients. When a nurse doesn’t provide the standard of care that’s expected from them, this can lead to negligence in nursing and life-changing harm to the patient.

The standard of care is the standard that nurses are compared to when they’re accused of negligence, and it’s measured with one question: What would a reasonably competent nurse have done in the same situation?

This standard is assessed on a case-by-case basis and can differ throughout different states.

What are the 6 key areas of Nursing Negligence?

There are a variety of things that can go wrong in hospital and figuring out who’s at fault can be difficult. Here are some common examples of negligence and malpractice in nursing:

  • Improper patient monitoring
  • Failure to call for a doctor where assistance is required
  • Not properly checking equipment
  • Failure to follow procedures or errors in procedures like inserting IV lines
  • Administering the wrong medication or a wrong dosage
  • Failure to communicate clearly and care for the patient

This is not a complete list of negligence in nursing examples. You may still be eligible to make a claim for compensation even if you haven’t experienced one of these problems but have suffered injury, illness, or loss due to negligence in nursing care given to you.

Can I sue a nurse for negligence in nursing?

In nursing negligence cases in Australia, it’s usually not the case that you actually sue a nurse for negligence. Instead, fault will be put on their employer, which is usually a hospital or clinic.

When you make a claim, you’ll be making it against the hospital’s insurer. Many claims are resolved by negotiating and settling out of court, however if agreement on a settlement can’t be reached then you may need to go to court to get compensation.

The best way to understand your options is to speak to a medical negligence lawyer who is experienced in negligence in nursing claims, to find out whether you have a valid claim and what are your chances of success. You can get free legal advice on your claim here.

How much compensation can I claim?

Negligence in nursing practice claims are by their very nature serious. This means that claims can easily fall anywhere in the tens to hundreds of thousands of dollars depending on the severity of your injuries and losses.

Compensation can include:

  • Income lost because of time off work
  • Medical and travel expenses
  • Pain and suffering
  • Estimated future losses if you cannot work, for example

How do I make a negligence in nursing claim?

Claims involving medical negligence can be very complex. This isn’t just because it’s a complicated area of law but also because claims often involve many parties such as you, the medical professional, the hospital and the insurance company.

It can also be difficult to determine who’s at fault if the nurse was working under the supervision of another medical professional such as a doctor at the time of the alleged negligence.

The first thing you should do if you think you’ve got a claim is speak to an experienced medical negligence lawyer. They’ll take the time to get to know you and your case before advising you on how much your claim could be worth and what are the next steps. They’ll also help you claim the maximum amount of compensation available.

To find out how much you can claim or to get free legal advice, speak to a specialist negligence in nursing care lawyer at Law Partners today.

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