A nursing mistake can leave you dealing with an injury you never expected from medical care. In Massachusetts, you may have a medical malpractice claim if a nurse’s care fell below the applicable professional standard and that failure caused you harm. A poor outcome alone does not establish malpractice; the question is what happened during your care and whether the mistake caused an injury.
Key Takeaways: Can You File a Medical Malpractice Claim for a Nurse’s Mistake in Massachusetts?
- A nursing error may support a claim when it falls below the applicable standard of care and causes harm.
- A hospital or clinic may also be responsible for a nurse’s negligence, depending on the nurse’s relationship with the facility and the circumstances of the mistake.
- Medical records, nursing notes and expert opinions can help establish what happened and whether the error caused the injury.
- Filing deadlines and a written notice requirement may apply before a lawsuit can proceed.
When Does a Nurse’s Mistake Become Medical Malpractice?
Nurses make clinical decisions and carry out responsibilities that affect patient safety. A mistake may amount to medical malpractice when a nurse fails to provide the care that an ordinarily qualified nursing professional would provide under similar circumstances, and that failure causes an injury.
An unexpected complication does not necessarily mean someone was negligent. To pursue a medical malpractice claim in Massachusetts, a patient generally needs evidence of both a departure from the applicable standard of care and a connection between that departure and the harm they suffered.
What Types of Nursing Errors Can Cause Injuries?
Nursing errors can arise at several points in a patient’s care. Examples include:
- Giving the wrong medication or dose
- Failing to monitor a patient or report concerning changes
- Failing to follow appropriate infection control practices
- Carrying out a medical order incorrectly
- Failing to take appropriate precautions for a patient at risk of falling
A medication error or other mistake does not automatically establish a claim. The circumstances of the care, the patient’s condition and the resulting harm all matter.
How Can You Prove a Nursing Error Caused Harm?
Medical records can help show what care was ordered, what care was documented and how the patient’s condition changed. Depending on the case, relevant evidence may include medication records, nursing notes, test results, staffing records and accounts from people who observed the patient’s care.
Records do not always tell the whole story on their own. An expert may need to explain what a nurse should have done and whether a different response would likely have prevented or reduced the injury. A gap or discrepancy in a chart should be evaluated in context rather than treated as proof of negligence by itself.
Can a Hospital Be Responsible for a Nurse’s Mistake?
A hospital or clinic may be responsible for a nurse’s negligence when the nurse was acting within the scope of their work for the facility. Whether the facility can be held liable depends on the nurse’s relationship with it and the circumstances of the care.
A facility’s own decisions may also be relevant. For example, if staffing or supervision contributed to missed care, evidence of those decisions may help explain how the injury occurred. Showing that a unit was busy or short-staffed, however, does not by itself establish that the facility caused a particular patient’s injury.
What If the Injury Was a Known Medical Complication?
A known complication is a possible risk of treatment. Its occurrence does not, by itself, establish that a nurse or another provider was negligent. At the same time, informing a patient of a risk does not excuse care that falls below the applicable standard.
For example, the relevant question may be whether a nurse appropriately monitored the patient for warning signs and responded when those signs appeared. The focus is on the care provided, the response to the complication and whether a failure caused additional harm.
What Compensation May Be Available?
A patient with a successful claim may recover compensation for losses caused by the malpractice, including additional medical expenses, lost earnings, pain and suffering, and other supported damages. The types of damages available depend on the injury and the facts of the case.
Massachusetts General Laws Chapter 231, Section 60H generally limits pain and suffering and certain other general damages in covered malpractice actions to $500,000. The limit does not apply if the factfinder makes the findings specified in the statute, including substantial or permanent loss or impairment of a bodily function, substantial disfigurement, or special circumstances that would make the limit unjust. The section also excludes wrongful death actions brought under Chapter 229, Section 2.
Is Expert Testimony Needed for a Nursing Malpractice Claim?
Expert evidence is usually important when a claim turns on clinical decisions that people without medical training could not reasonably evaluate on their own. A qualified expert may explain the applicable nursing standard of care, how the care departed from that standard and whether the departure caused the patient’s injury.
Some mistakes may be understandable without expert testimony. Whether an expert is needed depends on the specific issues the claim raises.
How Long Do You Have to File a Claim?
Massachusetts generally applies a three-year filing period to medical malpractice claims against hospitals and certain other providers. Under the discovery rule, that period may begin when the patient learned, or reasonably should have learned, that the provider’s conduct caused harm.
Chapter 260, Section 4 also sets a seven-year outer limit for claims against the providers it lists, including hospitals, with an exception for a foreign object left in the body. The statute does not expressly list individual nurses. Different rules can also affect claims involving minors. Because the deadline depends on whom the patient is suing and the facts of the case, it is important to assess it promptly rather than assume the seven-year limit applies to every nursing claim.
What Must Happen Before and After Filing a Lawsuit?
Massachusetts generally requires a patient to give a health care provider written notice 182 days before filing a malpractice lawsuit. Chapter 231, Section 60L provides shorter notice periods and exceptions in certain circumstances, including provisions addressing a lawsuit filed close to an applicable filing deadline.
After a malpractice lawsuit is filed, a medical malpractice tribunal reviews the plaintiff’s initial offer of proof. In a claim against a nurse, the health care member of the tribunal may be a representative of the relevant field rather than a physician. The tribunal considers whether the evidence, if substantiated, raises a legitimate question of liability appropriate for judicial review.
An unfavorable tribunal finding does not automatically end the lawsuit. The plaintiff may continue by posting the bond required by Chapter 231, Section 60B, subject to that section’s provisions.
Frequently Asked Questions About Nursing Malpractice in Massachusetts
Can a Family Member File a Claim if the Patient Died?
If a nursing error caused a patient’s death, the executor or administrator of the patient’s estate may bring a wrongful death action. The available damages and filing requirements depend on the circumstances.
Does Every Medication Error Qualify as Malpractice?
No. A mistake may support a claim if it fell below the applicable standard of care and caused harm. The type of medication error, the patient’s response and whether the error caused an injury all matter.
How Long Does the Medical Malpractice Tribunal Take?
The statute directs the tribunal to hear the action within 15 days after the defendant files an answer. Actual scheduling may vary. The tribunal reviews an initial offer of proof; it does not decide the full lawsuit. You can read more about the Massachusetts tribunal process.
Brandon J. Broderick Can Help You Understand Your Options
If you believe a nurse’s mistake caused you or a loved one harm, Brandon J. Broderick, Attorney at Law, can review what happened and help you understand your options. Getting answers early can also help you identify the filing and notice requirements that may apply to your claim. Contact us today.