In a recent blog, we discussed mistakes made by nurses and the potential liability issues and concerns that patients may have after the fact. However, in this article, we will explain when a hospital can be held legally accountable for a nurse’s error. More specifically, we will discuss nursing negligence under West Virginia law and your options if you or a loved one has been injured.

A Nursing “Mistake” Isn’t Just Any Error

First, a “mistake” in the legal sense is not the same as a careless error that caused no harm. A mistake for the purposes of a legal claim generally means the nurse acted in a way that a reasonable and competent nurse would not have. This can include:

• Administering the wrong medication or incorrect dosage
• Failure to verify or check for allergies
• Failure to monitor vital signs or warning signs of deterioration
• Failure to report a change in condition to a physician
• Delayed response to a patient’s emergency
• Improper charting or a lack of documentation
• Improper wound care or infection control
• Improper catheter care or fall prevention 

Nursing errors can result from lapses in judgment or attention, but they may also stem from fatigue, understaffing, rushed conditions, or communication failures. In a hospital environment, many of these “systemic failures” are ultimately the hospital’s responsibility, not just the individual nurse.

Hospital Liability for a Nurse’s Mistake

Under West Virginia law, an employer is generally responsible for the acts and omissions of its employees. Nurses are usually hospital employees. If the nurse was on the clock, performing medical duties, and the mistake caused injury or harm to a patient, the hospital can be held legally responsible. The hospital may be liable under the doctrine of vicarious liability.

Beyond vicarious liability, the hospital can be responsible for its own policies that contribute to errors, such as:

• Understaffing the nursing unit
• Failure to train or supervise nurses
• Ignoring safety complaints or problems
• Failure to enforce infection prevention and control practices
• Keeping an unqualified or incompetent nurse on staff
• Unsafe or ineffective charting or communication system

In short, if the hospital’s policies and systems created the conditions that made the mistake possible, the hospital can be held responsible beyond the actions of a single nurse.

Exceptions to the Rules: “Following Doctor’s Orders”

This is a common scenario, and an important question. Was the nurse just carrying out a doctor’s orders, or did the nurse independently make a mistake?

If the nurse was following a doctor’s orders, that does not automatically mean the hospital is not responsible. In many situations, a hospital remains responsible for the acts of its employees even if they were “following the doctor’s orders.” This is especially true if the nurse should have recognized the order as potentially dangerous and failed to escalate, question, or clarify it with the doctor. Nurses are typically required to escalate unsafe or unclear orders to their own superiors under hospital policies.

In some cases, both the doctor and the hospital can be responsible.

Traveling Nurses or Nurse Agencies

West Virginia hospitals are increasingly relying on traveling nurses or agencies to fill staffing gaps. They are not always hospital employees, technically, which can make liability more complicated.

However, the hospital can still be held responsible if:

• The nurse was acting under the hospital’s direction or supervision
• The hospital presented the nurse as part of its staff
• The hospital failed to vet or supervise the nurse properly
• The hospital placed the nurse in a position beyond their qualifications

Even when the nurse was not employed directly by the hospital, the hospital can still be responsible for protecting patients.

Demonstrating Harm

Under West Virginia law, you need to show that the nurse or medical error actually caused harm. Harm may include:

• Physical injuries
• Complications or infections
• Extended hospital stays or a need for additional treatment or surgery
• Long-term disability
• Wrongful death

If the mistake caused setbacks, additional suffering, or financial loss, there may be grounds for a claim.

Evidence

Nursing negligence claims often depend on the following evidence:

• Hospital and medical records
• Charting
• Medication logs
• Shift reports from nurses
• Witness statements from other staff members
• Call light response times and records
• Staffing levels and assignments
• Training and onboarding records
• Hospital safety and infection control policies

Because hospitals often begin protecting themselves as soon as a mistake is suspected, it can be difficult for patients and families to obtain full access without legal intervention.

Why Hospital Policies Matter in Nursing Mistake Cases

Many nursing faults are not the result of a single nurse acting carelessly. They often occur because hospitals try to staff units with too few nurses, fail to provide adequate support, fail to enforce workable handoff procedures, or otherwise deliver care with unrealistic expectations and workloads. The mistakes can be “deferred” in a sense, because the shortage or lack of policies is “baked in.”

Examples of nursing errors that are more the fault of the hospital include:

• A nurse who is responsible for too many patients to reasonably check on vital signs frequently
• A rushed medication charting and delivery system that lends itself to dosing errors
• Poor written or oral communication procedures that lead to delays in patient treatment during an emergency

While nurses are responsible for their own mistakes, hospitals have a duty to maintain a safe environment.

Documenting a Suspected Nurse’s Mistake

If you suspect a hospital or nursing error caused harm to you or a loved one, you should document what you can while it is still fresh. This may include:

• Dates and times
• Who was present
• Any sudden change in a patient’s condition
• What the hospital communicated to you (and what they did not)
• Unusual delays, confusion, or gaps in care

Hospitals will rarely concede fault in the moment, and families often do not know the whole truth until hospital records are obtained.

Suing a Hospital for a Loved One’s Death

A wrongful death claim in West Virginia can be used to hold a hospital accountable for a patient’s death.

Wrongful death claims help families recover compensation for medical costs, funeral expenses, pain and suffering, and loss of the deceased’s companionship and support.

Statute of Limitations

West Virginia has a time limit for bringing these claims (called a statute of limitations). Generally, these claims must be brought within two years, but exceptions exist where the negligence was not discovered immediately or where records were concealed.

Call Now or Fill Out a Free Case Evaluation Form Today

You do not have to suffer in silence or confusion. If a nurse’s mistake or medical error caused significant harm or worsened an injury, you do not have to go through the process of investigation and accountability alone. We are here to provide guidance on your rights and legal options. 

Whether the harm was temporary, life-changing, or even fatal, seeing information from a skilled attorney does not have to be about blame. It can be about understanding, safety, and accountability for when a hospital fails to keep a patient safe. Contact us as soon as possible to discuss your rights.