Can Nurses be sued for Medical Negligence?

Can Nurses be sued for Medical Negligence?

[1] Yes, nurses can also be sued for medical negligence.

[2] They may be sued in various courts of law including civil, criminal and consumer courts.

[3] They may also face disciplinary action in Nursing Councils.

[4] The most common reason for nurses facing lawsuits is administration of wrong medicine or wrong dosage of medicines.

[5] There have been several instances of lawsuits being filed against nurses in India as well.

[6] The hospital employing the nurse are often made part of the lawsuits as well by the principle of vicarious liability.

[7] The basic legal principles to prove medical negligence would remain the same even against nurses.

[8] The standard of care will be determined based on routine nursing practices and minimum standards prescribed by the Indian Nursing Council.

[9] Nursing councils have the power to suspend, or remove individual names from the register, thereby taking away the licence to practice.

[10] The Indian Nursing council is the central regulatory authority under the Indian Nursing Council Act, 1947. Most states also have a State Nursing Council established under state laws.

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