Burned Baby a Clear-Cut Case of Medical Malpractice?

One of the most horrific things a parent can face is dealing with an injury to their child. Many parents probably prefer to take the injury instead. And this is probably the feeling Miriam Khella must be feeling right now after her young daughter was horribly burned when a hired nurse placed her in a scalding hot bath recently. The 20-month-old had received third-degree burns over 20 percent of her body after the incident and the nurse’s response was to dress the child and hand her to her mother.

How horrific. Currently, the nurse lost her license and is facing numerous charges such as child abuse and aggravated assault. Although prosecutors feel the crime was not intentional, it does raise questions. Why didn’t the nurse test the water before bathing the child? Why were the clothes placed on the baby after the incident? And why would someone who had dedicated her career to helping others ignore the injuries of a helpless child?

Much like doctors, nurses can also face medical malpractice claims. In order to establish a case of nursing malpractice, the claim must meet the following four requirements:

• There needs to be an establishment of nurse-patient relationship. This means it is the duty of the nurse to take care of the patient if that patient needs assistance.
• The patient needs to outline the duties and responsibilities of the nurse
• The patient then needs to show there was a departure from “good and accepted practice.” This means the care the nurse was providing is not what a responsible nurse should be providing.
• And last, the patient has to show he/she would not have been harmed if the nurse was not negligent

By using these four criteria, it’s clear that the above situation is also a case of nursing malpractice.

Have you or a loved one been injured by a medical professional? We can help you. Contact the Law Offices of Anthony Carbone, PC today and we’ll get you what you deserve. For more information on medical malpractice, click here.