NURSING NEGLIGENCE 150 150 Lauren Ellerman

Yes, nurses, like all professionals, can make mistakes. But is a nurse’s mistake “malpractice” in the legal sense?

In Virginia, you have a malpractice action if (1) medical professional is negligent and (2) that negligence is the sole cause of physical pain or suffering.

Could a nurse administer the wrong medication? Fail to take and communicate relevant information to the physician? YES… it is possible. It happens all the time in nursing homes when residents rarely receive physician care.

If you believe a nurse’s mistake has caused you pain, we would be happy to help.

Would you want to name the nurse as a defendant? Probably not. To start with, most nurses don’t make enough money and do not carry their own malpractice insurance. We don’t like to sue people who don’t have insurance – so most often, if a nurse makes a mistake which is malpractice, we would file suit against their employer, ie, the hospital or nursing home.

These facilities are legally responsible for the acts of their employees.

This is also good because juries don’t like it when you pick on the little guy. A doctor with insurance and a good income is one thing, a nurse that makes $15 an hour is quite another.

If you have a nursing negligence inquiry, please call Frith law firm. We can evaluate the actions of the medical provider, and determine who the correct defendant should be – the employer or the individual.

About the author

Lauren Ellerman

In 2011, Lauren Ellerman was named "Young Lawyer of the Year" by the Roanoke Bar Association for her work in the community. To speak with Lauren about your personal injury case, contact her at

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