Negligence in Nursing

Nurses have undertaken extensive educational requirements and are also under a duty of care to look after patients appropriately. While their medically training may not be as extensive as that of a specialist medical practitioner, they are expected to take reasonable care & steps to prevent loss or injury to their patients. However, this is not always the case. Negligence in nursing accounts for approximately 25% of all medical negligence cases in Australia. Nursing negligence can take many forms but generally involves poor or neglectful nursing care.

Gerard Malouf and Partners are specialist Medical Negligence lawyers, and we have extensive experience helping our clients win nursing negligence claims. We are successful in over 98% of legal claims, and take on clients on a no-win no-fee basis.  If you are considering making a claim, contact the team at Gerard Malouf and Partners for a no obligation consultation, and take advantage of our unique 90-day guarantee.

What Does Nursing Negligence Include?

If you are unsure what negligence in nursing may include or whether you have a case for patient neglect, consider the following real-live examples of nursing or nursing management negligence cases that we have supported:

  1. Failure to prevent patient falls, for example after anaesthetic or painkillers are taken or due to incorrect application of hoists.
  2. Failing to report ‘outside the flags’ observations to doctors or communicate important changes in a patients status.
  3. Cannulating wrist veins without knowing the anatomy of the wrist, or failing to check and ensure cannula is inserted correctly.
  4. Failure to notice the leaking of intravenous fluids containing iron, calcium, chemotherapy drugs resulting in necrosis or permanent staining of arm.
  5. Incorrect insertion of naso-gastric tubes and failure to check  the tube is in the stomach before feeding – resulting in aspiration pneumonia and possible death.
  6. Failing to recognise surgical site infections or signs of sepsis.
  7. Failing to provide alternating pressure air mattresses to prevent pressure ulcers, risking need to amputate lower limbs if left unattended.
  8. Failing to provide 1:1 staff for patients with dementia who may then climb, wander and fall.
  9. Premature or inappropriate discharge from hospital or care.

Who Is Liable For Nursing Malpractise?

As nurses are highly likely to be employed by a public and/or private hospital, whilst the nurse may be at fault the employer is the ultimate party to be sued in an action for nursing negligence and of course the insurer for the hospital will be ultimately responsible for any damages that are payable.

Importantly, Nurses are also entitled to compensation from their employer if they have suffered as a result of the negligence of management or leadership teams, including:

  1. Insufficient staff resulting in severe back injuries in nurses trying to walk / hoist patients alone.
  2. Insufficient staff resulting in nurses being bashed by patients.
  3. Insufficient personal protective equipment (PPE) to safely look after infectious patients.

How To Make A Claim For Negligence In Nursing?

If you have been injured following a medical procedure, or following an appointment with a nurse, you may have been the victim of medical negligence. It is strongly advisable that you speak with expert medical negligence lawyers before making a nursing negligence claim.

Personal injury law covering medical negligence is complex, and working with a lawyer experienced in nursing negligence greatly helps your chances of being awarded compensation.

The medical negligence team at Gerard Malouf & Partners are leading experts in handling nursing negligence claims and are successful in over 98% of claims. We have the resources to ensure we can access all of the nursing notes relevant to your claim, in order to determine a precise timeline of events, and we are experienced reading and understanding between the lines of hospital or medical records to understand how even the most insignificant detail may be the hidden clue to your whole case. We are also able to attain expert evidence from other medical specialists at no cost to yourself in order to support negligence claims against the nurse.

Contact the medical negligence team at Gerard Malouf & Partners for a no-obligation assessment and find out if you are eligible for compensation.


Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.