Patients and families often assume that only doctors can be held legally responsible when something goes wrong in a hospital or nursing home. But that is not always the case. If a nurse’s actions—or inaction—cause serious harm to a patient, they can be held accountable in court. Yes, you can sue a nurse for malpractice in Missouri.
At Dempsey Kingsland & Osteen, our team includes a full-time physician and a nurse consultant who help us identify what went wrong and who is legally responsible. With over 40 years of litigation experience and a reputation for results in high-stakes cases, we help families uncover the truth when nursing errors have life-altering consequences.
When Is a Nurse Liable for Malpractice?
Under Missouri law, a nurse may be liable for malpractice if their actions fall below the accepted standard of care and cause harm to a patient. That is true whether the nurse works in a hospital, surgical center, nursing home, or home health environment.
To file a malpractice claim, you must prove:
- The nurse owed a duty of care to the patient;
- The nurse breached that duty by acting negligently;
- The breach directly caused injury or death; and
- The injury resulted in damages, including medical bills, pain and suffering, disability, and funeral expenses.
Negligence is often more than an isolated mistake; it’s a pattern of carelessness, a lack of training, or understaffing that leads to critical errors.
Examples of Nurse Malpractice in Missouri
Some of the most common nursing mistakes that can lead to legal action include:
- Medication errors such as wrong dosage, drug, or delivery method;
- Failure to monitor vital signs, resulting in an undetected decline;
- Delayed response to emergencies, especially in ICU or ER settings;
- Improper use of equipment, such as oxygen or feeding tubes;
- Inadequate wound care, leading to infection or sepsis; and
- Documentation errors that delay treatment or hide problems.
We have seen cases where a nurse missed clear signs of respiratory distress. In others, a post-operative patient was left unmonitored overnight, resulting in preventable death. These are not minor lapses. They are life-changing tragedies for the families left behind.
Can You Sue a Nurse for Negligence or Is It the Doctor’s Fault?
A common question is whether the doctor—not the nurse—is ultimately responsible. The answer depends on the circumstances. In Missouri, nurses are independent professionals and can be named directly in a lawsuit if their actions cause harm.
In some cases, both the nurse and the physician may share responsibility. For example:
- A nurse fails to report alarming symptoms to the doctor;
- A doctor gives improper orders, and the nurse carries them out without question; and
- A hospital system creates unsafe nurse-to-patient ratios that endanger lives.
The legal distinction between suing a nurse vs. a doctor often comes down to who made the critical mistake and whether it could have been reasonably prevented.
At Dempsey Kingsland & Osteen, we dig deep into every medical record and staff communication to establish precisely who knew what and when. Our goal is not just to file a claim. It is to secure answers and accountability.
Who Else May Be Legally Responsible?
In many malpractice cases, more than one party may be legally liable. For example:
- The hospital may be responsible for negligent hiring or training;
- A staffing agency may be liable if it sent underqualified nurses; and
- A nursing home may be sued for systemic understaffing or poor oversight.
Missouri law allows you to pursue compensation from all negligent parties, including individual nurses, facility administrators, and corporate healthcare systems.
Because these cases often involve layers of responsibility and complex medical evidence, they require the type of thorough, expert-led investigation our firm is known for.
Does Missouri Have Special Rules for Suing Nurses?
Yes. Missouri requires plaintiffs in medical malpractice cases—including those involving nurses—to comply with several specific rules:
1. Affidavit of Merit
You must submit an affidavit from a qualified medical expert stating that the nurse’s actions likely violated the standard of care.
2. Statute of Limitations
In most cases, you have two years from the date of injury to file a lawsuit, though exceptions exist (such as delayed discovery or cases involving minors).
3. Damage Caps
Missouri imposes caps on noneconomic damages, such as pain and suffering, but no caps on economic damages, such as future medical bills or lost income.
Additional legal considerations may apply if your case also involves a hospital employee or nursing home setting, especially when determining liability or triggering corporate insurance coverage.
The Role of Nurse Liability in Hospitals and Nursing Homes
Nurses are often the frontline protectors of patient safety. When systems fail or pressure builds due to short staffing, nurses may be stretched too thin to provide adequate care. In some cases, that leads to oversight or inaction with tragic consequences.
Facilities may try to blame a single nurse to deflect attention from broader patterns of neglect, poor hiring practices, or budget-driven care cuts. That is why any malpractice case involving nursing error must be approached with meticulous attention to context and system-wide factors.
At Dempsey Kingsland & Osteen, we do not just look for a scapegoat. We investigate the entire picture to identify all responsible parties, including staffing records, electronic charts, and training manuals.
What Should I Do if I Suspect Nursing Malpractice?
If you believe you or a loved one suffered serious harm due to a nurse’s actions in Missouri, here are some steps you can take:
- Request medical records as soon as possible;
- Document your observations of symptoms, staff behavior, and timelines;
- Consult a law firm with experience handling medical malpractice claims; and
- Avoid signing settlements or waivers from the hospital without legal advice.
Even if the facility says it was “just a mistake,” you may still have grounds for a lawsuit if proper care was not provided and injury occurred.
Talk to a Missouri Medical Malpractice Team with Over 40 Years of Experience
Nursing malpractice is a profoundly personal and legally complex issue. If your family has suffered because of a nurse’s mistake, we are here to help.
At Dempsey Kingsland & Osteen, we are more than lawyers. We are client advocates, dedicated to uncovering the truth, holding medical institutions accountable, and helping families find justice and closure. With over four decades of litigation success, our team is known throughout Missouri for thorough investigations, elite trial preparation, and a compassionate, client-first approach.
Contact us today at (816) 421-6868 if you believe a nurse’s negligence caused lasting harm. We are ready to listen, investigate, and pursue the results your family deserves.
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