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What is a duty of care in nursing?

Nurses have a duty of care towards their patients. This requires them to take reasonable care to ensure their actions do not cause them to experience harm. A duty of care in nursing is a legal and professional duty.

Nursing negligence is when the care a nurse provides does not meet a reasonable standard that a competent nurse should be giving. This can negatively affect the mental or physical condition of their patient. It can occur due to a genuine mistake or, sadly, due to gross negligence. Therefore nursing negligence can be unintentional but unfortunately, sometimes intentional.


Nursing negligence can take place in different ways. For example:

  • not recording vital information on a patient chart
  • failure to assess a patient's condition correctly
  • incorrectly giving medicine 
  • not giving other medical professionals a report on test results 
  • not acting on medical issues
  • using medical devices incorrectly
  • losing documents

Nursing negligence can also happen in different places. For example, it could happen in a patient's home with a district nurse or in a GP surgery or hospital. Some nurses offer specialised care such as neonatal and theatre nurses where medical negligence could happen.


There are different types of nursing negligence and malpractice. These include:

  • slow reactions to deterioration in patients
  • failure to assess and monitor a patient's condition
  • errors when treating patients
  • failure to ask for the senior medical practitioner's opinion 
  • causing injuries when carrying out  nursing duties
  • not changing a patient's position enough 
  • misusing a medical device

There are sadly many consequences of negligence in nursing which can see a patient's condition deteriorate. Negligent nursing can cause patients to become unwell and even suffer an injury. For example, if a person unwell in bed develops a bed sore which goes untreated, it could lead to further illness and even cause a fatal infection. 

When anyone experiences nursing malpractice, the consequence of this negligence in nursing can be devastating and unfortunately sometimes life-changing.


If you or someone you love feels they have been a victim of negligent nursing care, you should contact a personal injury expert at National Accident Helpline to ask for help to make a medical negligence compensation claim.


Frequently asked questions...

Yes - if you've suffered from medical negligence while using the NHS in the last three years, then we may be able to help you make a compensation claim. Our medical negligence solicitors are experienced at handling medical negligence NHS claims and can take you through the process step by step, keeping things as simple and stress-free as possible. 

Contact us first to share your experience and we'll check your grounds to make a medical negligence compensation claim. If you want to proceed, we'll then connect you with one of our specialist solicitors.

Typically, if you've suffered an injury in the last three years because of an accident or medical mistake that wasn't your fault, then it's likely you have a compensation claim.

There are some cases where these criteria might be different. For example, if you're claiming on behalf of a child, you have three years from their 18th birthday to make a claim, regardless of how old they were when they were injured.

You can find out if you have a claim today by giving us a call on or by using our eligibility checker.

Around 95% of our cases are settled without the need to go to court. This means there is a very small chance a claim will require a court hearing.

If your case does go to court, your solicitor will be on hand to support and guide you through the process and will make sure you always know what to expect.

Quite simply, yes. If you're thinking of making a claim on behalf of a friend or loved one, then it's likely we can help you.

To find out more information please visit our claiming on behalf of someone else page.

In most circumstances for adults who were 18 years old or over at the time, it's essential that you (or your legal representation) issue proceedings within three years of the accident or incident. 

Where the injured person was under 18 years old when it occurred, that three-year limitation period expires on their 21st birthday. 

If you don't issue your claim within these time limits, you won't usually be able to proceed. This is called being 'time-barred'. There are some certain situations where the time limits can be extended. Check with one of our advisors or a solicitor.

Every case we work with is different, which makes it hard for us to say how long your compensation claim might take.

In simpler cases, where fault is clear and undeniable the claim may be settled quickly. However, if you've suffered a serious or life-changing injury, then your compensation claim may take longer because we need to understand the full impact of your injury and make sure your costs are covered.

Our solicitors will stay in touch and keep you informed every step of the way, so that you always know what stage your claim is at.

You could sue a private nursing home for negligence where you believe they are guilty of nursing malpractice. Elderly people are particularly vulnerable so they must receive a reasonable standard of care from nurses. However, this isn't always the case and nursing neglect can occur, such as not ensuring a person has adequate nutrition or their medicine is administered properly. 


If you or someone you love has suffered an illness or injury as a result of nursing negligence and malpractice you may be able to make a medical negligence compensation claim

The reasons you should make a compensation claim are:

  • as recognition that you have suffered and experienced pain
  • to pay for the care and treatment you may require due to the medical negligence
  • future care costs
  • to give you a sense of justice
  • to ensure the nurse does not make the same medical negligence mistake again

Meet the team

John Kushnick

John Kushnick

Legal Operations Director of National Accident Law

With extensive personal injury legal and senior management experience, John oversees the optimisation of the customer journey - from the start of a claim through to final settlement.

To prove a nursing negligence claim, you will need to show that you likely suffered your injury or became ill directly due to treatment or care which was below an acceptable standard.


The amount of compensation you could get when you make a medical negligence claim can vary on a case-to-case basis. It will be determined, for example, by:

  • how bad your injuries are 
  • the treatment you have already had to pay for 
  • how the medical negligence impacts the rest of your life
  • any expenses you have to pay for, which could include, for example, medical ones
  • loss of earnings due to medical negligence
  • potential future losses you may incur

You can potentially receive a massive amount of money through a medical negligence claim for nursing malpractice. For example - an elderly man sadly suffered a stroke due to substandard care and received a £1.175m payout. 


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If you are able to make a compensation claim for nursing negligence and malpractice at National Accident Helpline, we make the process even easier for you. This is because when you make your medical negligence compensation claim you may be able to do so on a no win no fee basis. This takes the risk out of your medical negligence claim in case it is not proven.


Starting your compensation claim with National Accident Helpline is straightforward and stress-free. To start your claim now, simply give us a call . If it is easier for you, you can start your compensation claim here

Once you start your claim with us, you have begun the process of getting the money you are rightly owed through a compensation claim. Our specialist solicitors will process your claim efficiently once you have told our friendly advisors how your medical negligence happened through nursing malpractice.

And if you are curious about how much compensation National Accident Helpline could get for you, find out in advance online by using our compensation calculator. 

So nothing is stopping you from calling us today at . If it's easier, you can request a call back here, or start your claim online.


Why choose National Accident Helpline to help my claim?

There are many reasons why you should choose National Accident Helpline to help with your medical negligence claim. For example, we have extensive experience in medical negligence claims so know exactly what we are doing. In addition, our team of advisors care about the fact that you have unduly suffered. Therefore, they will listen attentively and sympathetically to what happened to you, and if eligible, ensure that you are put through to an expert solicitor.

Making a claim with us at National Accident Helpline also means you are in the trusted hands of solicitors with top expertise. Our medical negligence solicitors have a history of making successful medical negligence compensation claims,


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Compassionate and stress-free claims handling.
Compensation on a No Win No Fee basis means you'll never be out of pocket.
We've handled over 40,000 medical claims.
Trusted, friendly and confidential support when you really need it.