Can I bring a claim against a nurse for a negligent care error?

· 3 min read

Nurses are licensed professionals who owe their own duty of care, so a nurse whose error injures a patient can be the subject of a Georgia malpractice claim. In practice, the financial responsibility often reaches the employing hospital or facility as well, because most nurses work as employees rather than independent providers.

The nurse’s professional duty

A registered nurse or licensed practical nurse must deliver care consistent with what a reasonably prudent nurse with similar training would provide. When a nurse departs from that standard and causes harm, the conduct is professional negligence. Common examples include a medication given in the wrong dose or to the wrong patient, a failure to monitor or to report a deteriorating condition to a physician, a fall that proper precautions would have prevented, or a documentation lapse that leads to mistreatment.

Because nursing negligence counts as professional negligence, O.C.G.A. § 9-11-9.1 generally requires the Georgia complaint to carry a qualified expert’s affidavit pointing to at least one negligent act.

Suing the nurse versus the employer

A claim can name the nurse individually, but it usually also targets the employer. Two routes apply:

  • Vicarious liability. Under respondeat superior, a hospital or nursing home is responsible for the negligence of a nurse who is its employee and was acting within the scope of employment.
  • Direct institutional negligence. The facility may also be independently negligent, for instance through understaffing, inadequate training, or unsafe policies that set the nurse up to fail.

Reaching the employer often matters because the institution typically carries the insurance and resources to satisfy a judgment. With several potential defendants in play, O.C.G.A. § 51-12-33 allows a jury to spread the fault across the nurse, the facility, treating physicians, and anyone else who contributed.

Deadlines and proof

A nursing malpractice claim sits within Georgia’s medical malpractice framework, so O.C.G.A. § 9-3-71 gives it a two-year limitations period and a five-year repose cutoff. The case turns on records: medication administration logs, nursing notes, vital-sign charts, and care plans frequently show whether the standard was met. Expert testimony then explains how the nurse’s conduct fell short and how it caused the injury.

The bottom line

Yes, a negligent nurse can be held accountable in Georgia, and the claim usually extends to the employing hospital or facility through vicarious or direct liability. Such a case is treated as professional negligence, requires the supporting expert affidavit, and must be filed within the medical malpractice time limits.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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