Hospital manager blame doctor womanNurses, just like doctors, have a high duty of care to their patients. And, when this duty of care is breached, a nurse can be held liable for all damages that a patient suffers as a direct result. At Lovenberg & Associates, P.C., our attorneys pledge to help you understand nursing malpractice laws in Massachusetts, and what you can do if you’re a victim.


What is nursing malpractice?


Essentially, nursing malpractice is the act of a nurse failing to fulfill duties to a patient in a manner that another nurse in a similar situation would perform correctly. For example, failing to properly monitor a patient after surgery, writing down information incorrectly on a patient’s chart, improperly administering medication, failing to take action in an emergency situation, or otherwise doing something that is irresponsible and negligent, and which leads to patient harm, is considered nursing malpractice. In a nursing home, nursing malpractice may occur if a nurse physically, emotionally, or mentally abuses a patient, neglects a patient, or engages in financial exploitation of a patient.


Liability in a Nursing Malpractice Case


Sometimes, a nurse may be held solely liable for their actions. In other situations, though, the attending doctor, other nurses or hospital staff, or the hospital or clinic where the malpractice occurred may be held responsible. Determining liability is a question of determining all parties who failed to act within the standard of care that is owed to the patient. Or, if a nurse is a hospital employee, the hospital may be held under the doctrine of respondeat superior, or vicarious liability, which simply states that an employer is held liable for the wrongful actions of an employee.


Damages Available in a Nursing Malpractice Claim


The damages that are available in a nursing malpractice claim for damages are the same as the damages that are available in any other medical malpractice claim, including damages for:

  •      Pain and suffering
  •      Medical expenses
  •      Lost wages and future lost wages
  •      Loss of companionship
  •      Loss of enjoyment of life/embarrassment


Medical malpractice damages are capped for pain and suffering, loss of companionship, and embarrassment at $500,000 under Massachusetts General Laws section 60H unless the victim has suffered permanent loss or impairment of a bodily function. Economic damages for a nursing malpractice claim are not capped in Massachusetts. All claims must be filed with three years after the cause of action (malpractice) takes place.


Meet Now with a Nursing Malpractice Attorney in Boston


Meeting with a nursing malpractice attorney in Boston is a must if you’ve suffered at the hands of a nursing professional. At Lovenberg & Associates, P.C., our legal team understands exactly what you’re going through, and how frustrating and earth-shattering being harmed by a medical professional can be. By calling us today, we promise to guide you through the process of recovering damages for the harm you’ve experienced, and advocating for you every step of the way. To learn more, call us at 617-973-9950 now.