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Can a Nurse Be Sued for Medical Malpractice in Illinois?


Nurses play a vital role in our healthcare system. They provide a significant share of patient care. According to data from the Illinois Nursing Workforce Center, there are nearly 230,000 licensed nurses in our state. A great nurse can help to improve outcomes. On the other hand, a bad nurse can cause serious problems for a patient—putting them at serious risk. 

Nurses are licensed professionals. As with any other licensed health care provider, they can be sued for malpractice if their substandard care is the cause of patient harm. A nurse’s employer will often bear liability for nursing negligence. In this blog post, our Chicago medical malpractice attorney explains the key points to know about suing a nurse for medical malpractice in Illinois. 

You Can Bring a Medical Malpractice Claim Against a Nurse in Illinois

A medical malpractice claim is a cause of action brought against a negligent health care provider, either an individual (doctor, nurse, etc) or an institution (hospital, clinic, etc). It is important to emphasize that you can bring a medical malpractice lawsuit against a negligent nurse in Illinois. 

Indeed, if you or your loved one suffered harm due to a nurse’s negligence in Illinois, you have the right to file a medical malpractice claim. It is a civil  legal action that allows you to seek compensation for any injuries or losses caused by substandard care. 

Most Common Examples of Medical Malpractice By Nurses

Nurses do many different things for patients in clinical settings and hospital settings. Along the same lines, nurse negligence can come in  many different forms. Some of the most common examples of medical malpractice committed by nurses and nursing professionals include: 

  • Medication Errors: One of the most frequent forms of nursing malpractice involves errors in medication administration. Some specific examples include giving the incorrect dosage and giving the wrong medication. These mistakes can stem from misreading a doctor’s prescription or failure to check a patient’s medical history for allergies.
  • Poor Patient Monitoring: Nurses are responsible for continuous monitoring of patients’ vital signs and overall condition to catch and address complications early. Failure to monitor or respond to signs of distress can lead to conditions worsening. 
  • Poor Communication: Effective communication is vital in nursing. Miscommunication or failure to communicate critical information about a patient’s condition to other healthcare providers can result in the wrong treatment or delays in necessary medical intervention. 
  • Infections from Poor Hygiene Practices: Nurses must always pay the utmost attention to hygiene protocols. It is a must to prevent infections. Negligence in following these protocols—such as improper handwashing or failure to sterilize equipment𠄤can lead to severe infections, potentially even MRSA or sepsis. 
  • Improper Patient Handling: Improper techniques in lifting, transferring, or repositioning a patient can cause falls or injuries, such as fractures or muscle strains. These mishaps are entirely preventable with proper training and proper care 

Who Can Be Held Liable for Nursing Malpractice in Illinois?

Who can be held liable for an act of malpractice by a nurse in Chicago? The answer depends on several different case-specific factors. With that being said, multiple different defendants may potentially share liability. You may have a malpractice claim against one or more of the following: 

  • The Nurse: To start, the nurse himself or herself may be held liable for harm caused by medical malpractice. Indeed, a nurse can be held directly liable for medical malpractice if their actions or omissions deviate from accepted standards of care,
  • A Supervising Nurse: A supervising nurse may also be held liable for nursing malpractice if they fail to properly oversee the actions of nurses under their supervision. Some examples include not providing adequate training or failing to correct improper practices. 
  • A Hospital: Hospitals in Illinois can be held liable for nursing malpractice under the legal doctrine of “corporate negligence” or “vicarious liability.” They are responsible for ensuring that all medical staff, including nurses, are competent, properly credentialed, and properly supervised. 
  • Another Employer: Beyond hospitals, other employers, such as nursing homes, private clinics, or outpatient facilities, can also be held liable for nursing malpractice. These entities are responsible for their employees’ actions while on the job, 

What is the Statute of Limitations for a Nursing Medical Malpractice Claim in Illinois?

In Illinois, the statute of limitations for filing a nursing medical malpractice claim is generally two years from the date the patient knew or should have known about the injury. In other words, a patient must initiate their claim before the two year deadline within two years of the date that the malpractice claims accrued. Though, notably, Illinois has a four year statute of response. No medical malpractice suit can be filed more than four years after the date of the act or omission that caused the injury. A proactive approach is key: Consult with a Chicago nursing malpractice lawyer as soon as possible after an incident. 

We Can Help You Navigate a Medical Malpractice Claim

Medical malpractice cases are complicated—particularly so when it is a nurse who is the primary party who is responsible for the problem. At Kennedy Watkins LLC, our Chicago attorneys stand ready to fight for your rights and the maximum financial compensation for your family. We are here to help you determine what to do, how to sue, and how to get justice. Our verdicts and settlements tell the story—medical malpractice victims can rely on our firm in complex cases. 

Schedule a Free Case Review With Our Chicago Medical Malpractice Lawyers Today


At Kennedy Watkins LLC, our Chicago medical malpractice attorneys go above and beyond to provide top-tier legal care to patients. If you or your family member suffered harm due to nursing negligence, we can help. Call us now or get in touch with us directly online for a free, confidential review of your case. From our law office in Chicago, we advocate for the rights of medical malpractice victims in Cook County and all across the region in Northern Illinois.

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