NURSING NEGLIGENCE COMPLAINT

IN THE [____] COURT OF [________________________________]

[________________________________] COUNTY

PLAINTIFF:
[________________________________]

v.

DEFENDANT(S):
[________________________________], R.N./L.P.N./L.V.N.
[________________________________] HOSPITAL/HEALTHCARE FACILITY
[________________________________] (Supervising Physician, if applicable)

Case No.: [________________________________]

COMPLAINT FOR NURSING NEGLIGENCE AND MEDICAL MALPRACTICE

COMES NOW the Plaintiff, [________________________________] ("Plaintiff"), by and through undersigned counsel, and for this Complaint against Defendants, states and alleges as follows:

I. PARTIES

A. Plaintiff

1. Plaintiff, [________________________________], is an individual residing at [________________________________], City of [________________________________], County of [________________________________], State of [________________________________].

B. Nurse Defendant(s)

2. Defendant, [________________________________] ("Nurse Defendant"), is a licensed:
   ☐ Registered Nurse (R.N.)
   ☐ Licensed Practical Nurse (L.P.N.)
   ☐ Licensed Vocational Nurse (L.V.N.)
   ☐ Certified Nurse Practitioner (C.N.P./A.P.R.N.)
   ☐ Certified Registered Nurse Anesthetist (C.R.N.A.)
   ☐ Certified Nurse Midwife (C.N.M.)
   ☐ Other: [________________________________]

License No. [________________________________], licensed in the State of [________________________________].

3. At all relevant times, Nurse Defendant was employed by Defendant [________________________________] Hospital/Healthcare Facility.

C. Healthcare Facility Defendant

4. Defendant, [________________________________] ("Facility"), is a healthcare facility located at [________________________________], licensed in the State of [________________________________].

5. At all relevant times, Nurse Defendant was acting within the course and scope of employment with Facility.

D. Supervising Physician Defendant (if applicable)

6. Defendant, [________________________________], M.D. ("Supervising Physician"), is a licensed physician who supervised and/or directed the nursing care at issue.

II. JURISDICTION AND VENUE

7. This Court has jurisdiction over this action pursuant to [________________________________].

8. Venue is proper because the negligent care occurred in this county.

9. The amount in controversy exceeds the jurisdictional minimum.

III. FACTUAL ALLEGATIONS

A. Admission and Patient Care

10. On or about [__/__/____], Plaintiff was [☐ admitted to ☐ treated at ☐ cared for at] Defendant Facility for [________________________________].

11. Plaintiff's condition required nursing care including:

☐ Assessment and monitoring of vital signs
☐ Administration of medications
☐ Wound care
☐ Patient positioning and mobility assistance
☐ Feeding and nutrition support
☐ Intravenous (IV) therapy
☐ Catheter care
☐ Post-surgical care
☐ Pain management
☐ Fall prevention
☐ Skin care/pressure ulcer prevention
☐ Patient education
☐ Other: [________________________________]

12. Nurse Defendant was assigned to provide nursing care to Plaintiff.

B. The Nursing Negligence

13. Nurse Defendant committed one or more of the following negligent acts or omissions:

Assessment Failures

☐ Failed to properly assess patient condition
☐ Failed to recognize signs of patient deterioration
☐ Failed to obtain complete patient history
☐ Failed to identify patient allergies
☐ Failed to perform required assessments
☐ Failed to document assessment findings

Medication Errors

☐ Administered wrong medication
☐ Administered wrong dose
☐ Administered medication to wrong patient
☐ Administered medication by wrong route
☐ Administered medication at wrong time
☐ Failed to check for drug allergies
☐ Failed to check for drug interactions
☐ Failed to monitor for adverse reactions
☐ Failed to verify physician orders
☐ Improper IV medication administration

Monitoring Failures

☐ Failed to properly monitor vital signs
☐ Failed to recognize abnormal vital signs
☐ Failed to monitor patient following procedure
☐ Failed to respond to monitor alarms
☐ Failed to monitor neurological status
☐ Failed to monitor for signs of infection
☐ Failed to monitor intake and output

Communication Failures

☐ Failed to notify physician of patient changes
☐ Failed to timely notify physician of abnormal findings
☐ Failed to properly report patient status during shift change
☐ Failed to communicate with other healthcare providers
☐ Failed to follow up on physician orders
☐ Failed to clarify unclear orders

Patient Safety Failures

☐ Failed to implement fall precautions
☐ Failed to use proper restraints
☐ Failed to maintain safe environment
☐ Failed to properly identify patient
☐ Failed to maintain bed rails
☐ Left patient unattended
☐ Improper patient transfer or handling

Wound and Skin Care Failures

☐ Failed to properly care for wounds
☐ Failed to prevent pressure ulcers/bed sores
☐ Failed to turn/reposition patient
☐ Improper wound dressing technique
☐ Failed to recognize signs of wound infection
☐ Caused injury during wound care

IV and Catheter Failures

☐ Improper IV insertion causing injury
☐ Failed to monitor IV site for infiltration
☐ Improper catheter insertion
☐ Failed to maintain sterile technique
☐ Caused infection through improper technique

Documentation Failures

☐ Failed to properly document patient care
☐ Failed to document patient complaints
☐ Falsified medical records
☐ Failed to document medication administration
☐ Failed to document patient assessment

Other Negligent Acts

☐ Patient abandonment
☐ Failure to follow physician orders
☐ Practicing beyond scope of license
☐ Impairment while on duty
☐ [________________________________]

C. Specific Description of Nursing Negligence

14. The specific acts of nursing negligence included:

[________________________________]
[________________________________]
[________________________________]

15. The negligent care occurred on or about [__/__/____] at approximately [____] a.m./p.m.

IV. STANDARD OF CARE

16. The applicable standard of care for nurses providing the type of care at issue required:

a. Proper assessment of patient condition and needs;

b. Accurate and timely documentation of all care provided;

c. Safe administration of medications per the "five rights" (right patient, right drug, right dose, right route, right time);

d. Proper monitoring of patient condition and response to treatment;

e. Timely communication with physicians regarding changes in patient status;

f. Implementation of appropriate safety measures;

g. Provision of care within the nurse's scope of practice;

h. Following facility policies and procedures;

i. Compliance with physician orders;

j. Patient advocacy and protection.

17. Specifically, the standard of care required Nurse Defendant to:
    [________________________________]
    [________________________________]
    [________________________________]

V. BREACH OF STANDARD OF CARE

18. Nurse Defendant breached the applicable standard of care by:
    [________________________________]
    [________________________________]
    [________________________________]

19. A reasonably competent nurse under similar circumstances would have:
    [________________________________]
    [________________________________]

VI. CAUSATION

20. As a direct and proximate result of Nurse Defendant's negligence, Plaintiff suffered:

☐ [________________________________]
☐ [________________________________]
☐ [________________________________]

21. The nursing negligence was a substantial factor in causing Plaintiff's injuries.

22. Had Nurse Defendant complied with the standard of care, Plaintiff's injuries would not have occurred or would have been minimized.

VII. DAMAGES

Economic Damages

☐ Past medical expenses: $[________________________________]
☐ Future medical expenses: $[________________________________]
☐ Past lost wages: $[________________________________]
☐ Future lost earning capacity: $[________________________________]
☐ Cost of home healthcare: $[________________________________]
☐ Other economic damages: $[________________________________]

Non-Economic Damages

☐ Physical pain and suffering
☐ Mental anguish and emotional distress
☐ Loss of enjoyment of life
☐ Physical impairment
☐ Disfigurement
☐ Loss of consortium

Punitive Damages (if applicable)

23. Defendants' conduct was [☐ grossly negligent ☐ willful and wanton ☐ reckless], entitling Plaintiff to punitive damages.

VIII. FIRST CAUSE OF ACTION - NURSING NEGLIGENCE (Against Nurse Defendant)

24. Plaintiff incorporates by reference all preceding paragraphs.

25. A nurse-patient relationship existed between Plaintiff and Nurse Defendant.

26. Nurse Defendant owed Plaintiff a duty to provide nursing care consistent with the applicable standard of care.

27. Nurse Defendant breached that duty as described herein.

28. Nurse Defendant's breach was a direct and proximate cause of Plaintiff's injuries.

29. Plaintiff suffered damages as a result.

IX. SECOND CAUSE OF ACTION - VICARIOUS LIABILITY (Against Facility)

30. Plaintiff incorporates by reference all preceding paragraphs.

31. At all relevant times, Nurse Defendant was an employee of Facility, acting within the course and scope of employment.

32. Facility is vicariously liable for the negligent acts of its employee under the doctrine of respondeat superior.

X. THIRD CAUSE OF ACTION - DIRECT NEGLIGENCE (Against Facility)

33. Plaintiff incorporates by reference all preceding paragraphs.

34. Facility owed Plaintiff a direct duty of care, including:

a. Hiring competent nursing staff;
b. Properly training nursing staff;
c. Providing adequate supervision of nursing staff;
d. Maintaining adequate nurse staffing levels;
e. Implementing and enforcing appropriate policies and procedures;
f. Providing necessary equipment and supplies.

35. Facility breached its duties by:

☐ Hiring an unqualified or incompetent nurse
☐ Failing to properly train nursing staff
☐ Failing to supervise nursing staff
☐ Understaffing the nursing unit
☐ Failing to enforce policies and procedures
☐ Failing to provide necessary equipment
☐ Other: [________________________________]

36. Facility's breach was a direct and proximate cause of Plaintiff's injuries.

XI. FOURTH CAUSE OF ACTION - NEGLIGENT SUPERVISION (Against Supervising Physician, if applicable)

37. Plaintiff incorporates by reference all preceding paragraphs.

38. Supervising Physician had a duty to properly supervise the nursing care provided to Plaintiff.

39. Supervising Physician breached this duty by failing to adequately supervise and/or direct nursing care.

40. Supervising Physician's breach contributed to Plaintiff's injuries.

XII. PRE-SUIT COMPLIANCE

41. ☐ Plaintiff has complied with all applicable pre-suit requirements.
    ☐ Certificate of Merit/Affidavit attached as Exhibit [____].

42. ☐ No pre-suit requirements apply in this jurisdiction.

XIII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests judgment against Defendants as follows:

1. Compensatory damages in an amount to be proven at trial;

2. Special damages for medical expenses and lost wages;

3. General damages for pain, suffering, and loss of enjoyment of life;

4. Punitive damages (if warranted);

5. Pre-judgment and post-judgment interest;

6. Costs of suit;

7. Attorney's fees (if permitted);

8. Such other relief as the Court deems just.

XIV. JURY DEMAND

Plaintiff hereby demands a trial by jury.

DATED: [__/__/____]

Respectfully submitted,

______________________________________
[Attorney Name]
[State Bar No.]
[Law Firm Name]
[Address]
[City, State ZIP]
[Telephone]
[Email]

Attorney for Plaintiff

VERIFICATION

STATE OF [________________________________]
COUNTY OF [________________________________]

I, [________________________________], declare under penalty of perjury that I am the Plaintiff, that I have read the foregoing Complaint, and that the facts stated are true to my knowledge.

______________________________________
[Plaintiff Signature]

DATED: [__/__/____]

NURSING STANDARDS REFERENCE

ANA Standards of Nursing Practice

1. Assessment
2. Diagnosis
3. Outcomes Identification
4. Planning
5. Implementation
6. Evaluation

Five Rights of Medication Administration

1. Right Patient
2. Right Drug
3. Right Dose
4. Right Route
5. Right Time
   (Many facilities add: Right Documentation, Right Reason)

Common Nursing Certifications

• RN: Registered Nurse
• LPN/LVN: Licensed Practical/Vocational Nurse
• APRN: Advanced Practice Registered Nurse
• NP: Nurse Practitioner
• CRNA: Certified Registered Nurse Anesthetist
• CNM: Certified Nurse Midwife
• CNS: Clinical Nurse Specialist

COMMON NURSING NEGLIGENCE CLAIMS

• Medication errors (most common)
• Failure to assess and monitor
• Failure to notify physician
• Patient falls
• Pressure ulcers/bed sores
• IV infiltration injuries
• Improper use of restraints
• Infection due to improper technique
• Failure to follow orders
• Documentation errors

STATE-SPECIFIC NOTES

California: Nurse-to-patient ratios mandated by law; MICRA caps apply.

Texas: Expert report required within 120 days; nursing experts must have similar qualifications.

Florida: Pre-suit notice required; 90-day waiting period.

New York: Certificate of merit required; no damage caps.

This template is provided for general informational purposes only. Nursing negligence law is complex and varies by jurisdiction. Always consult with an attorney licensed in your state before filing any legal action.