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Who's responsible for my compensation if a nurse commits medical malpractice?


Nurses play a major role in a patient’s medical care, and they have a duty to provide a quality standard of care in a competent fashion. When he or she fails in this duty and a patient suffers injuries, the nurse may have committed medical malpractice.

nurse_malpracticeSome of the ways a nurse can be negligent include:

  • Failing to take action, such as calling for a doctor when a patient’s condition requires it
  • Injuring a patient while using medical equipment
  • Neglecting to record patient condition and care in chart
  • Not responding to a patient's call for assistance
  • Failing to administer the proper medications

If you suffered injuries due to a nurse’s malpractice, determining who's liable for his or her negligence can be complicated. However, an experienced attorney can partner with you to establish the next steps so you receive the full compensation you deserve.

Who Could Be Liable in a Nurse Malpractice Claim?

When a nurse commits malpractice, the first factor to determine is if other responsible parties are involved, or if the action puts the nurse solely at fault. For example, a nurse may have committed medical misconduct under the supervision of a surgeon or through direction at a care facility. If so, your claim may need to include these parties. 

Here are some potential entities that may be a part of a nurse malpractice claim:

  • Hospital. A hospital could be responsible for a nurse’s malpractice if he or she was an employee of the hospital and performing a required job duty when committing the action that caused your injuries. However, the hospital may not be liable if an independent doctor, which is a physician not employed by the hospital, was supervising and controlling the nurse when he or she was negligent.
  • Attending physician. A doctor may be liable for your compensation if he or she was present when the nurse committed malpractice, was supervising the nurse, and/or had sufficient control to prevent the nurse’s actions.
  • Home health care company. Some nurses provide care to patients at their home through health care agencies. These nurses are often in charge of the medical care of their patients and don't work for the doctors instructing them. In these situations, you could have a medical malpractice claim against both the nurse and the home health care agency.


If you're the victim of health care negligence, you need the assistance of an experienced medical malpractice attorney to determine the liable parties and fight for the compensation you deserve. These cases can be very complicated and often require litigation to resolve. Call our office today to schedule a free consultation to learn how Alan Morton can help you pursue a medical malpractice claim.