Why I Almost Never Sue Nurses

I have many clients whose primary complaint is nursing care. If a nurse makes a medication error, which occurs at least once in almost every nurse's career, I typically don’t sue the nurse.

Fortunately, most medication errors do not cause permanent harm to patients. However, did you know that in the United States alone, between 7,000 and 9,000 people die from medication errors every year? That is 20-30 people every day dying from medication errors

So, why would I not sue a nurse just because of nursing care issues? 

Nurses work tirelessly for not a whole lot of money. They are overworked and underpaid - a common theme in malpractice cases. They have to endure criticism from other doctors, nurses, and management literally and figuratively, taking care of and cleaning up after patients. 

Now, it does not mean that patients cannot sue them. It all depends on the circumstances around the case. But most of the time, lawyers should build the case against the hospital instead. Any nurse working at a hospital is covered under the hospital's malpractice insurance. If a nurse or aide makes a mistake, it is always covered by the hospital.

In the St. Louis area, every hospital is self insured for up to $2 million and has additional coverage if the injuries are severe. No matter how severe the case is, hospitals usually pay out their settlements using their insurance money. I had one case involving a nurse’s aide who was sexually assaulting other elderly patients and was actually criminally charged. Even that nurse was covered by the hospital’s insurance. 

In another case, I have had nurses not follow hospital rules and protocols. But unless an intentional act is performed outside their scope of employment, they are covered by the hospital.

Suing a hospital will more likely to give you a win

Another reason not to sue a nurse personally is that patients are more likely to win their case when facing a hospital as an entity vs an individual nurse. When a case goes to court, jurors empathize less with a corporation or a hospital. This is important in building your case as they are likely to feel less concerned about a corporation or a hospital losing financially or even going bankrupt.

In over 30 years of practice, I only sued a nurse once. Normally, I would not even include a nurse in a malpractice case. But in this particular case, the child was horribly brain-damaged, and the child needed as much insurance coverage as I could find. When I asked her if she was insured, I found out that she had an extra million dollars in insurance coverage. This was the only time I added a nurse as a defendant.

In the end, experienced medical malpractice lawyers like myself will always strategize to get you the best compensation you can get. While there are various factors that can affect a malpractice case, I prioritize the pursuit of justice for my clients. When you are making a decision on whether to pursue legal action against a nurse, always consult a lawyer who knows their way around a legal case. 4/8/2024