Liability in Negligence Claims
A common problem in the prosecution of nursing negligence claims is an over-emphasis on liability (i.e. the conduct of nursing staff) which an under-emphasis on the issues of causation. Many cases fail in their prosecution as a consequence of this oversight. Before pursuing any claim, it is essential to ensure that there is a strong and legitimate causation relationship between the conduct complained of and the injury itself.
You can read more practice tips in my chapter Screening the Nursing Malpractice Case, in a text edited by Patricia Iyer, RN MSN LNCC. More information about Nursing Malpractice, Third Edition, 2007 may be found at here.
