Who is Liable When a Patient Hurts a Nurse in Colorado?

Nurses have an extremely challenging job. Sometimes, nurses are harmed by their patients either by accident or on purpose. If you are a nurse working in Colorado who has recently been injured by one of your patients, it’s essential to know your legal options. Working with a skilled personal injury lawyer is the best way to understand the factors surrounding your situation and determine whether you have grounds to file a personal injury claim. Here is some essential information to know about determining liability in situations where nurses are harmed by their patients.

Nurses Are Exposed to Many Risks on the Job

Believe it or not, nurses have one of the most dangerous jobs in the country. In fact, nurses are exposed to a number of hazards while treating patients. These risks can range from dealing with patients that have psychological conditions that place the nurse in danger or from being exposed to sharp equipment that can easily cause an injury. In both hospitals and clinics, these dangers are everywhere. If you are a nurse who has recently been injured due to the actions of one of your patients, it’s essential to understand your options.

What to Know About Nursing Personal Injury Cases

A personal injury claim can be filed by anyone who has suffered bodily harm due to the negligence of another person or entity. If a settlement cannot be reached by the two parties, it can progress to a lawsuit, in which the victim can pursue compensation for their damages. In these situations, the victim will need to prove to the judge or jury that the other party’s negligence was the direct cause of their injuries. Unfortunately, nursing personal injury claims can be complex, as there are some rules that prevent nurses from filing a claim against their employer, which is why it’s essential to seek advice from a trusted personal injury attorney.

Can Nurses Sue Their Employer?

In order for a nurse to be able to sue a hospital or clinic, they will need to prove that the facility failed to uphold their duty of care. These guidelines and requirements are typically outlined in an employment agreement. Hospitals and clinics have a legal responsibility to protect nurses from facility dangers and to keep violent or criminal patients contained.

A nurse can pursue legal action against their employer when a breach in duty of care was the primary reason they ended up being harmed by a patient. If the facility was aware of a dangerous patient but did nothing to protect their staff, they can be found liable for the attack. In these cases, nurses can pursue compensation for the losses they incurred as a result of their injuries.

Determining Who to Sue

It is important to note that a nurse in this scenario can also pursue legal action against the patient who attacked them. Ultimately, determining which party you should sue will depend on the evidence surrounding the case and which party or parties failed to uphold their duty of care. Depending on the circumstances, the nurse may be able to pursue a claim against both the patient and their employer. 

Contact a Skilled Colorado Personal Injury Attorney

Being a nurse is one of the most selfless career paths a person can pursue. However, it’s a job that comes with unique dangers. If you are a nurse who has been physically attacked or harmed by one of your patients, it’s essential to understand your rights. No matter what the cause of the accident, the legal team at Mintz Law is here to help you identify the liable parties and ensure you receive fair compensation for all of your damages.

At Mintz Law, our skilled attorneys believe that compensation and settlements should fully reflect the severity of incurred injuries and losses, which is why we are dedicated to fighting on your behalf for the settlement you deserve. Let our Colorado personal injury attorneys build an evidence-based case for you. To talk with one of our attorneys, call (303) 462-2999 or fill out our online contact form.

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