Nursing Errors Claims lawyer.
Zayouna Law Firm reviews nursing negligence claims in Ontario, in hospitals, long term care and home care.
When a nurse errs, the hospital usually answers for it.
This is the practical difference between a nursing claim and a claim about a physician. Nurses are employees, so the hospital or the long term care operator is legally responsible for their conduct, and the claim is brought against the institution. Physicians in Ontario hospitals are usually independent contractors, not employees, so a claim about a doctor’s decisions is generally brought against the doctor. Who erred decides who is named.
It also changes the shape of the case. Institutional claims bring in staffing levels, policies, training and whether a chain of escalation was followed, alongside what the individual nurse did. The chart shows who was on shift, what was recorded, and when someone was told.
A TRUSTED RECORD
OF ADVOCACY AND RESULTS
FOR CLIENTS
The standard a nurse is held to
A nurse is measured against a reasonably competent nurse in the same role and setting, working under the standards of the College of Nurses of Ontario. Much of that duty is monitoring: taking observations at the right intervals, recognizing deterioration, and escalating it to a physician promptly.
Failure to escalate is the pattern that appears most in these files, and it is also the most documentable. A patient’s vital signs drift over several hours, the record shows the observations were taken, and nothing shows a physician being called. Being short staffed does not answer that, because the duty attaches to the patient in front of the nurse. Where staffing genuinely made safe care impossible, that becomes a question about the institution instead of a defence for it.
WHAT A NURSING CLAIM CAN COVER
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Nursing failures that support a claim
Almost all of these are visible in the record, because nursing practice is documented continuously. Medication administration, observations, repositioning and communication with physicians are all recorded, and a gap in the record is itself informative.
- A medication error in drug, dose, route or timing, or a missed dose
- Deterioration in vital signs recorded but never escalated to a physician
- Pressure injuries from a patient not being repositioned or assessed as required
- A fall where risk was known
- Post-operative infection signs not reported or acted upon
What proves a nursing claim?
The nursing notes, the medication administration record, the observation and vital signs charts, and the staffing roster for the relevant shifts. A nursing expert reads that against the standard, and the escalation question is usually answered by what is absent from the record rather than what is in it.
What about long term care homes?
The same principles apply and the operator answers for its staff, though the setting changes the common failures. Pressure injuries, falls, dehydration, and unreported deterioration dominate. Complaints can also be made to the provincial long term care inspection process, which is free but does not compensate you.
How long do you have to sue?
Generally two years from when you knew, or reasonably should have known, that you were harmed by the care. Where a family only learns what happened after requesting the chart, that request is often the starting point. A claim on behalf of someone who has died has its own timing rules.
Our Nursing Negligence Experience
Anthony Windwar leads these files and obtains the nursing chart and medication records for expert review. Part of the firm’s medical malpractice practice. Book a free consultation.
Results
These claims usually turn on an escalation that never happened, which the record shows by omission. Getting the complete chart is the first and most useful step.
Relationships
Most of these enquiries come from a family member, not the patient. You deal with the lawyer handling the file, and the firm works in several languages.
Recovery
Recovery covers the treatment the failure made necessary, the longer care that followed, and any permanent harm left behind.
Service Areas
Nursing Errors Toronto
Nursing negligence claims for Toronto patients and families, in hospitals and long term care homes.
Nursing Errors Burlington
Nursing negligence claims for Burlington and Halton families, from the Ironstone Drive office.
Nursing Errors Ontario
Claims taken across Ontario, including long term care and home care settings outside the hospital system.
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Common Questions About Nursing Errors Law.
Can you sue a hospital for a nursing error?
Usually yes. Nurses are hospital employees, so the hospital is legally responsible for their conduct and the claim is brought against the institution. That differs from a claim about a physician, such as a missed diagnosis, where the doctor is generally independent. You still have to prove the failure caused harm.
Is a medication error automatically negligence?
Not automatically, though many are hard to defend. You still have to show the error caused an injury and wasn’t caught in time.
What if the ward was short staffed?
Short staffing isn’t a defence to a patient’s claim. It tends to shift attention to the institution’s staffing decisions.
Do pressure sores count as negligence?
They can, where assessment and repositioning weren’t done as required. Some are unavoidable in very frail patients.
Can I complain to the College of Nurses instead?
Yes, and it’s free. The College can investigate and discipline a nurse but can’t award you compensation.
Does this cover long term care homes?
Yes. The operator answers for its staff, and falls, pressure injuries and unreported deterioration are the common claims. See the medical malpractice FAQ.
How do I get the medical records?
You can request your own chart, or a family member can with authority to act. A lawyer can obtain them formally if that’s refused.
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If you have been injured due to someone else’s negligence, our personal injury lawyers help individuals and families across Ontario understand their legal options and pursue the compensation they deserve.