A Basic Guide to File a Nursing & Medical Worker Lawsuit In 2024
According to the National Practitioner Data Bank (NPDB), more and more nurses are being named defendants.
Litigation process
- The plaintiff, or the patient, usually with the help of an attorney can file a complaint stating the cause of action.
- Ask for all the damages and relief from a defendant, who is alleged to have the cause of the injury.
- The complaint outlines the legal and factual reasons why the plaintiff believes that the defendant is responsible for the injuries.
- The clerk of the court will issue a summons to the defendant. In addition, it includes notice of the lawsuit and a copy of the complaint.
- The defendant or his lawyers gets a specified time to personally appear in court. In addition, he is required to file a document referred to as an answer.
- All the answers address the facts and the legal claims in the complaint.
- Nevertheless, the answer tells the court all the facts in the complaint that are agreed or disagreed by the defendant.
Common types of nursing and medical worker lawsuit
The top researchers have compiled a list of the top five reasons people file medical worker legal action. In addition, the research team is based on a list of over 33,000 people.
1. Failure to diagnose:
While mistakes in such a complicated field are bound to occur, the healthcare worker’s negligence causes them to overlook the obvious symptoms. Around 35% of these cases led to the plaintiff recovering compensation.
2. Failure to monitor:
This includes pharmacy malpractice where the wrong medication or drug was prescribed to the patient and the doctor fails to ask about the allergies. Approximately 30% of such cases involved a payout.
3. Medical errors:
This includes pharmacy malpractice where the wrong drug was prescribed by the healthcare workers when they forget to ask basic questions, such as any allergies. It involves a failure to monitor a patient. Moreover, roughly 30% of such cases have involved a payout.
4. Breach of care:
It covers anything from a nurse to other healthcare workers who fail to get informed consent from a patient. As a result, failing to inspect a machine that malfunctions. Approximately 4.8% of these cases led to a payout.
5. Causing complications in a procedure:
It covers all the instances where an incompetent doctor commits an injurious error.
Nursing & Medical Worker Lawyer
If you want a lawyer who cares about you and the outcome of your nursing & medical worker lawsuit, choose Ethen Ostroff. He and his professional connections ensure you get every dollar possible for what you went through.
