Can you sue a Nurse practitioner for malpractice?

Asked almost 3 years ago - Columbus, OH

I was treated for my asthmatic condition by a nurse practitioner at the student medical center of the university. I usually get prescribed for "nebulizing treatment" by my usual doctor at the med center when my condition gets worse, and it has always helped my breathing get better. But this time [I don't know if she changed the dosage/ the type of medicine to input the nebulizer] my breathing got really worse that it went from 98% to 72%. and when I asked her to treat me for my acute breathing condition right then,she acted very ignorant and asked me to take the medication she prescribed and told me to just go to the emergency unit if it gets worse. But my student insurance doesn't cover the "emergency" conditions. Is this a possible ground for suing the NP and the med center?

Additional information

This time I was examined just by this NP, not my usual doctor. And since my student insurance doesn't cover emergency conditions, I had to excessively take my usual inhaler till I got better. And I also missed one major curriculum exam I had to sit a couple of hours after the visit.

Attorney answers (4)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . If the standard of care was breached and you sustained damages that merit a costly lawsuit, then perhaps.

    Click on the name or picture of the lawyer answering your question to see their profile, and then you can click... more
  2. Kevin Francis Guyette

    Contributor Level 15

    Answered . This sounds like a clash of personalities more that a good malpractice case, although you can contact a med mal attorney if you choose.

    A nurse practitioner can be sued; given her place of employment you may have to follow through with any preconditions to a suit.

    It is not clear what your damages are or how to put a value on them. This may make an attorney hesitant to take the case.

    There is no attorney-client relationship formed as a result of this communication. If you find this information... more
  3. Jeffrey Mark Adams

    Contributor Level 20

    Answered . Agree with Attorney Guyette. Good luck.

  4. Andrew Y. Kim

    Contributor Level 14

    Answered . Yes, you can sue the nurse practitioner if you can prove that she did not conform to the medical standard of treatment in the community. However, the bigger question is whether you have enough of a claim (damages) to make this claim viable.

    Med mal claims are very difficult and expensive to litigate. You have issues of both liability and damages which are questionable. It is not a case that I would take but you may want to consult with a local med mal attorney.

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