A Guide to Nursing Malpractice In South Carolina

Nursing malpractice may seem limited in South Carolina compared to physician or surgical errors, but these practitioners’ negligence can lead to serious harm. Anyone investigating a medical error or injury should remember to consider all areas of care to identify the liable party. Nurses and other licensed care attendants are just as responsible for your care and safety as other healthcare providers are.

The ubiquitous phrase ‘doctor’s orders’ is an example of the significance placed on physicians for patient wellness, but one shouldn’t discount the importance of nurses. Whether you’re in a facility for a routine treatment or you’re admitted for a complex surgery, you will likely spend twice the amount of time with a licensed practical nurse or registered nurse as you will with the doctor. That’s why it is essential to understand what qualifies as nursing malpractice under South Carolina law and how to protect yourself from these potentially dangerous situations.

Can Nurses Be Liable for Malpractice?

Though nurse practitioners’ responsibilities differ from surgeons or physicians, all providers are held to the same standard of care rules and may be liable for malpractice.

Under the state’s code of laws, malpractice means:

“doing that which the reasonably prudent health care provider or health care institution would not do or not doing that which the reasonably prudent health care provider or health care institution would do in the same or similar circumstances.”

By definition, licensed nurses qualify as ‘health care providers’ and thus may be sued for malpractice in South Carolina. Regardless of someone’s licensure as a registered nurse (RN), licensed practical nurse (LPN), or a neonatal nurse practitioner (NNP), the care they provide patients must meet a certain standard of care.

What Actions Constitute Medical Malpractice by a Nurse?

Under South Carolina law, medical malpractice can include mistakes, errors, and failures made by nurses, doctors, and other healthcare providers. For nurses involved with many levels of care, from admission to post-operative care, harm can result from an improper action, like administering the wrong medication, or an omission, like failing to provide a required treatment. In any case, the actions must satisfy certain conditions to be considered malpractice. The four elements of nursing malpractice include:

1. Duty: The nurse assumed care of the patient and was responsible for his or her care at the time of the adverse event.
2. Breach of Duty: The nurse failed to provide care in accordance with the requisite standard of care which can include the specifics outlined in the South Carolina Nurse Practice Act or the facility’s patient rights statements.
3. Causation: The actions or inaction of the nurse directly caused the harm or injury.
4. Damages: The injury included damages such as pain, losses of functions, or future medical monitoring or care.

Examples of Nursing Malpractice

Avoidable errors that cause harm often constitute nursing malpractice, but these situations can be difficult to identify objectively when you’re the patient, especially if fault falls on a nurse or practitioner you trust. Nurses’ duties are to help you feel safe and comfortable, and many of these men and women are excellent at their jobs. But even practitioners with whom you have a good rapport can fail to provide the care you are due.

Several reports, including Coverys and the NSO Professional Liability Exposure Report, disclose frequent errors that lead to nursing malpractice claims. Most risk assessments of the duty element of nursing malpractice identify these five primary factors in patient claims:

Failure To Monitor

Many patients require ongoing observation, which is a main duty for nurses. Tracking a patient’s vital signs and noting changes in a person’s condition are crucial to getting a proper diagnosis and timely intervention. Failing to monitor a patient or recognize when additional care is needed can put a person at risk of harm due to infections, cardiac arrest, blood clots, or breathing difficulties.

Patient Falls

It is estimated that nearly 1 million patients fall in hospitals yearly, and these injuries are among the more frequent claims for malpractice in these facilities. Hemorrhages and fractures related to falling can cause severe health issues for patients, and an alarming 41% of patient falls have resulted in death according to the Coverys 2022 report. Nurses are commonly charged with transferring patients who have limited mobility or diminished capacities from hospital beds to wheelchairs, gurneys, or the toilet, which is the reason many nursing malpractice examples include injuries due to falls.

Medication Errors

An example of a medication error that qualifies for a nursing malpractice claim is incorrect dosing. If a .4 mL dose is misread as 4 mL, the results can be toxic and can even lead to a patient’s death. According to Coverys, 18% of all nursing malpractice claims involved a medication error, and of these 39% resulted in death.

Pressure Injuries

High-risk patients in advanced age or with limited mobility are often victims of pressure injuries in nursing malpractice cases. When an individual cannot change positions on their own, it is up to attendants to adjust them to prevent bedsores, infections, and other injuries. Failing to notice the onset of a pressure injury that then leads to sepsis can qualify as nursing malpractice.

Communication Failures

Clinics and hospitals communicate by writing notes in patient charts for medications, procedures, and observations. These notes should document all interactions with a patient, but nurses who are preoccupied or distracted may forget to make notes essential to determining a care plan. When a nurse does not document a medication or treatment, there is a risk of the next person on duty administering the medication and unintentionally double-dosing or over-treating the patient. This can lead to serious health complications, from an overdose to a dangerous drop in blood pressure.

Protecting Yourself From Nursing Malpractice

Understaffing is a huge problem in healthcare. Overworked staff are more likely to make mistakes in recordkeeping and dosing, and they may opt to take potentially harmful shortcuts. Since nurse practitioners spend nearly twice the amount of time with patients as doctors spend with them, you should be prepared to protect yourself against nursing negligence and mistakes using these tips:

Pay Attention

Spending just a few minutes in the halls of a clinic or hospital will show you how busy nurses can be taking patients’ vitals, starting IVs, drawing blood, and performing routine procedures. Pay attention to the doctor’s care plan and compare the treatments recommended to what the nurse provides—they should be identical. If something doesn’t seem right, ask your nurse or another person on your medical team.

Advocate for Your Rights

One of the four elements of nursing malpractice is duty, and this means you are due a standard of care equal to what anyone else would receive in your circumstances. If  the level of care provided by someone on your care team seems below what you are expecting, speak to the chief nursing officer. Every patient deserves to have a skilled, trained nurse leading their care. You also have a right to care that is free of discrimination, and if you feel your treatment may be negatively impacted by intentional or unintentional bias, speak up to prevent this from continuing.

Obtain Legal Help

It may be hard to believe someone on your nursing team is capable of malpractice, but everyone makes mistakes, and sometimes those can have harmful consequences. If you’re hesitant to seek help, remember that the statute of limitations in South Carolina restricts how long you have to speak up. Contact our medical malpractice team while there’s still time and we’ll handle the legal details while you focus on healing.