Donohoe Legal Nurse Consulting
Copyright © Matthew Donohoe. All rights reserved.
Donohoe Legal Nurse Consulting delivers expert nursing consultation on the aspects of your medical legal cases. With 15 years of injury analysis experience, we specialize in personal injury matters, but also welcome all other medical cases in the civil, criminal and tort arenas. While we are located in Los Angeles, California, we also provide our services anywhere in the United States. Contact us for our CV and/or fee schedule.
Standard of Care is the term used to designate the type of care that a reasonably prudent nurse would provide in a given situation. The standard of care is usually derived from professional standards, but can also be derived from a State’s Board of Registered Nursing, as well as an employer’s expectations of their nurses.
There are four aspects that need to be proven in order to hold a nurse liable for malpractice:
1. Duty – the obligation to use due care (what a reasonably prudent nurse would do).
2. Breach of duty – failure to meet the standard of care.
3. Causation – harm to a person that is the direct result of the nurse not meeting the standard of care.
4. Damages – a person sustains actual injury.
According to the U.S. Department of Health and Human Services:
“Since the first National Vaccine Injury Compensation (VICP) claims were filed in 1989, 3,858 compensation awards have been made. More than $2.8 billion in compensation awards has been paid to petitioners and more than $119.7 million has been paid to cover attorneys' fees and other legal costs.
To date, 9,846 claims have been dismissed. Of those, 4,901 claimants were paid more than $64.6 million to cover attorneys’ fees and other legal costs.”