We all have a mental picture of medical malpractice. We imagine a doctor operating on the wrong side of the body or missing a diagnosis. However, nurses are key members of every care team, and, unfortunately, many mistakes in hospitals and clinics can be attributed to nursing errors.

Medication errors, documentation mistakes, and failure to monitor patients are among the most common forms of medical negligence in West Virginia hospitals. But when a nurse’s mistake harms a patient, liability can get complicated. Was the nurse, the doctor, the hospital, or all three responsible?

Our nursing malpractice attorneys have seen just about every type of case, and below, we’ll explain who can be held legally liable when nursing mistakes cause harm.  

The Vital Role Nurses Play in Care

Nurses are essential. They monitor patients, administer medication, take vital signs, and communicate with patients and doctors. They have the most direct contact with patients on a day-to-day basis. That said, as a result, even a minor mistake can cause harm.

Examples of common nursing mistakes include:

• Medication errors – Giving the wrong medication, the wrong dosage, or distributing it at the wrong time
• Documentation errors – Inaccurate or missing information on medical charts
• Failure to monitor patients – Missing changes in vital signs or symptoms
• Improper equipment use – Misusing medical devices like IV pumps or ventilators
• Failure to advocate – Not notifying doctors when patients’ conditions get worse

These errors can lead to permanent injury, extended illness, or even wrongful death. When they do, liability ultimately depends on the specific details of the situation.

Is the Nurse Personally Liable for Harm?

In some situations, a nurse may be personally liable for malpractice. This is more likely when the nurse:

• Acted outside the scope of their training or license
• Violated clear hospital policies
• Made a mistake so basic that any reasonable nurse would not have made it

For example, if a nurse administers medication without first checking a patient’s chart for allergies, they may be personally liable.

Suing a nurse directly is rare. Sure, patients can sue anyone, but they often choose not to sue a nurse directly. Why? Because nurses tend to be employees of a hospital or clinic, and they may not carry enough insurance coverage, hospitals or clinics are often liable for a nurse’s mistakes.

Hospital Liability for Nursing Errors

In many cases, a hospital or medical clinic is liable for a nurse’s negligence. This is because of the legal concept known as vicarious liability.

Hospitals and clinics are liable for their employees’ actions when those actions occur within the scope of employment. Such facilities can also be found legally responsible for their own policies or practices that may have contributed to the nurse’s mistake. 

A Doctor’s Liability When Supervising Nurses

In some cases, doctors who are supervising nurses may also be held liable for mistakes.  Doctors are responsible for providing clear instructions and following up when nurses have concerns. If a doctor fails to give proper orders or ignores a nurse’s warnings, he or she may share in the liability.

Shared Liability When All are to Blame

In many nursing malpractice cases, liability is shared among multiple parties. Nursing errors don’t occur in a bubble. They are often the result of a series of failures involving the nurse, a supervising doctor, and the hospital or clinic.

Consider this scenario where multiple parties may be liable: A nurse administers the wrong dosage of a medication. The nurse was left short-staffed by the hospital. The doctor gave a scribbled order that was unclear. The pharmacy provided a misprinted label. The patient ends up with severe injury as a result.

As you can see from this example, multiple parties may be liable, and any future legal case would likely name all of the parties involved as defendants.

Why Does Liability Matter for Victims?

For injured patients and family members, determining who is liable for a mistake isn’t just a legal technicality. Liability affects:

• Who pays for medical bills, lost wages, and other damages like pain and suffering
• How much insurance coverage is available to pay for damages
• Who can be held accountable to make sure this doesn’t happen to someone else

Targeting the right parties also strengthens the case. If you name only the nurse as a defendant, you may be limited in the compensation you can recover. If the hospital or doctor shares in the liability, you will need to name them as well.

How a Medical Malpractice Attorney Can Help

Determining liability in nursing malpractice cases is a complex process. Hospitals and insurance companies often try to blame each other. As a result, patients often do not know where the responsibility really lies.

An experienced malpractice attorney can:

• Review medical records to see what orders were given and who followed them
• Interview staff and other witnesses to uncover systemic failures
• Consult with medical experts to help show how the nurse failed to meet accepted standards of care
• Identify all of the responsible parties to ensure the claim seeks all available compensation
• Fight for maximum compensation to cover medical bills, lost income, and long-term care, if needed

Speak with an Attorney if You Suffered from a Nursing Error

You should never assume a nursing error was just “bad luck” or something that couldn’t be prevented. You have rights, and holding responsible parties accountable can help both you and future patients.

However, please note that time is of the essence. West Virginia has a statute of limitations for filing a malpractice lawsuit. You should consult with an attorney as soon as possible to preserve evidence and build a strong case. Contact us today for a complimentary consultation to discuss your case and explore how we can assist you in taking the first step toward justice.