What are common examples of nursing negligence?

Failing to report deteriorating vital signs, preventable falls, pressure ulcers, medication administration errors, and inadequate monitoring after surgery or sedation are among the most common.

Who sets the nursing standard of care?

A qualified nursing expert typically testifies about what a reasonably careful nurse would have done in the same situation, often referencing facility policies and professional nursing standards.

How long do I have to file?

State statutes of limitations vary, generally one to three years from injury or discovery. Special rules apply to minors and to deaths. Contact a lawyer promptly.

How much does a case review cost?

Case reviews through Medical Malpractice Claim are free and confidential. Most malpractice attorneys work on contingency where permitted by state law.

Medical malpractice — claim type

Nursing Malpractice Lawyer

Q: Can I sue a nurse directly?

Nurses can be named individually, but hospitals and facilities are generally responsible for the negligence of nurses they employ, so claims are usually brought against the employer.

Hurt by nursing negligence — falls, medication errors, monitoring failure? Learn how nursing malpractice claims work and start a free review.

Last reviewed: September 30, 2026 · Reviewed by our editorial team.

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Nursing Malpractice Lawyer — legal review by medical malpractice attorneys

Direct answer

A nursing malpractice claim arises when a nurse breaches the nursing standard of care — in assessment, monitoring, medication administration, communication, or escalation — and that breach causes patient harm. Hospitals and facilities are generally responsible for the negligence of nurses they employ, so claims are usually brought against the employer.

Overview

Nurses are often the first to see a patient deteriorate. Nursing malpractice cases look closely at charting — vital signs, pain scores, fall-risk assessments, and notes on when a physician was called — to establish what the nurse knew, what the nursing standard required, and whether a timely response would have prevented the injury.

These cases require a careful records review and qualified medical expert testimony. Outcomes depend on the strength of the evidence, the jurisdiction's rules, and the patient's damages.

Still deciding whether what happened was malpractice? Compare your situation with our signs of medical malpractice, real-world medical malpractice examples, and when you can sue your doctor.

Common examples

Fact patterns we review

• Failure to report deteriorating vital signs to a physician
• Preventable falls by high-risk patients
• Pressure ulcers (bedsores) from failure to reposition
• Medication given at the wrong dose, time, or route
• Failure to monitor a patient after surgery or sedation

What must be proven

The four legal elements

1. Provider-patient duty of care
2. Breach of the applicable standard
3. Causal link between breach and harm
4. Damages: medical costs, lost income, pain, death

Possible defendants

Who may be liable

• Hospitals, clinics, and nursing facilities that employ the nurse
• Staffing agencies in some cases
• Individual nurses and nurse practitioners

Compensation that may be available

• Past and future medical expenses
• Lost wages and earning capacity
• Pain, suffering, and loss of enjoyment
• Wrongful death damages where applicable

Many states cap non-economic damages, and individual case value depends on facts, evidence, jurisdiction, and insurance coverage. See our medical malpractice compensation guide, state-by-state filing deadlines, and medical malpractice lawyers by state. You may also want to review related malpractice injuries and conditions. For typical case values, see average medical malpractice settlement amounts and whether malpractice settlements are taxable.

Frequently asked questions

Nursing Malpractice Lawyer — FAQs

Related claim types

Other malpractice claims we review

The next step

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