13 15 15
No win, no fee.

Negligence in Nursing Claims Guide.

At some point in our lives most of us will be cared for by nurses, so we’re fortunate to enjoy a high standard of nursing care in Australia. However, as with all professions, mistakes do happen in nursing and sometimes the wrong decisions are made. If this results in a worse outcome for the patient, then it could amount to negligence in nursing, also known as nursing malpractice.

If you’ve suffered an injury, illness, or losses because of negligence in nursing care you’ve received, you could be entitled to claim compensation. If you do make a claim, it’s important to note that it’s unlikely you’ll be suing the nurse involved in your treatment, as it’s generally the hospital’s insurer that will pay your compensation.

Negligence in Nursing Claims Guide.

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

All medical professionals including nurses owe a duty of care to their patients. You can make a negligence in nursing claim in Australia if you’ve suffered physical or psychological injury, developed an illness, or suffered another loss due to a breach of that duty.

That doesn’t mean that every bad clinical outcome is a case of negligence in nursing – sometimes things go wrong despite the best efforts of the nurses charged with our care.

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

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 to cover the losses you’ve suffered.

Find out how much you can claim.

Get started

What is a breach of duty in nursing?

A breach of duty in nursing is when a nurse doesn’t provide the standard of care that’s expected from them, and it 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 vary across different states.

As an example of a breach of duty in nursing – if a nurse received a test result for a patient, but failed to report the result to the doctor, it could lead to a delay in treatment. If that delay resulted in a worse outcome for the patent, then that could constitute a breach of duty on the part of the nurse.

What are the six 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:

These are just examples, not a complete list. 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?

Many people may be put off the idea of claiming compensation because they don’t want to sue a nurse. But in nursing negligence cases in Australia, you don’t generally sue the nurse for negligence. Instead, fault will be put on their employer, which is usually a hospital or clinic.

When you make a claim, it’s likely you’ll be making it against the hospital or clinic’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 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:

For more information and examples of medical negligence claims, read our guide to medical negligence payouts in Australia.

Find out how much you can claim.

Get started

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 staff, 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.

Do I have a case?

Our senior lawyers will assess your case for free.