Nurses are the providers at the bedside. They administer medications, monitor patients, prevent falls, prevent pressure ulcers, recognize changes in condition, and communicate with physicians. When nursing care falls below the standard, patients in hospitals and nursing facilities can suffer serious harm.
Schuster Jachetti LLP represents Delaware patients and families harmed by nursing negligence at hospitals, nursing homes, and rehabilitation centers across the state. Joseph M. Jachetti, Delaware Bar #003744, has handled medical negligence and serious injury matters for over 25 years, and the firm works with qualified medical professionals — including nurses — to evaluate the standard of nursing care.
Nursing care in Delaware is regulated by Title 24 of the Delaware Code and the Delaware Nurse Practice Act. Standards apply to all licensed nurses, regardless of the setting.
How Nursing Malpractice Cases Happen in Delaware
Common scenarios include patient falls in hospitals or nursing facilities where fall risk was not assessed or interventions were not implemented, pressure ulcers in patients who were not turned and repositioned, medication administration errors, failure to recognize and report deterioration, and failure to follow physician orders.
Common Nursing Errors
- Patient falls — failure to assess fall risk, implement bed alarms, or assist with ambulation
- Pressure ulcers (bedsores, decubitus ulcers) — failure to turn, reposition, and inspect skin
- Medication administration errors — see medication errors
- Monitoring failures — failure to recognize and report changes in vital signs or status
- Failure to follow physician orders
- Failure to escalate concerns up the chain of command
- Documentation failures
- Wandering and elopement in dementia patients
- Restraint injuries
- Wrong patient errors
Who May Be Liable
Liability can extend to the individual nurse, the nursing supervisor, the hospital or nursing facility under respondeat superior, the staffing agency if a contract nurse was involved, and the corporate parent of a nursing home chain.
How Delaware Law Applies to Nursing Malpractice Cases
- 18 Del. C. § 6801 et seq. — Delaware Medical Negligence Act
- 18 Del. C. § 6853 — affidavit of merit requirement
- 18 Del. C. § 6856 — two-year statute of limitations and three-year statute of repose
- 10 Del. C. § 8132 — modified comparative negligence with a 50 percent bar
- Title 24 of the Delaware Code — Nurse Practice Act
- 16 Del. C. — long-term care facility regulations
Damages You May Be Able to Pursue
- Past and future medical expenses
- Lost wages and lost earning capacity
- Pain and suffering — see what is pain and suffering
- Loss of enjoyment of life
- Loss of consortium
- Wrongful death damages where applicable
The firm does not promise specific amounts.
The Nurse’s Independent Duty to the Patient
Delaware nursing practice is governed by the Nurse Practice Act under Title 24 of the Delaware Code, and nurses have independent duties to their patients that go beyond simply following physician orders. A nurse who recognizes a patient is deteriorating must communicate that, must escalate up the chain of command if the response is inadequate, and must document the actions taken. A nurse who follows an order that is plainly wrong is responsible for the consequences.
Falls in Hospitals and Nursing Facilities
Patient falls are among the most common nursing-related injury claims. Standards require fall risk assessment on admission and at intervals during the stay, with interventions matched to the risk level. Bed alarms, low beds, frequent rounding, and supervised toileting are standard interventions. When a fall risk patient is not assessed correctly, when interventions are not implemented, or when documented interventions were not actually used, a fall injury can support a malpractice claim.
Pressure Ulcer Prevention
Pressure ulcers (also called bedsores or decubitus ulcers) are largely preventable. Standards require risk assessment using validated scales, repositioning at regular intervals, skin inspection, nutrition assessment, and pressure-redistributing surfaces for high-risk patients. When a patient develops a stage 3 or stage 4 pressure ulcer in the course of inpatient or facility care, careful review is warranted to determine whether the standards were followed.
Communication With Physicians and Up the Chain
A common pattern in nursing malpractice cases is failure to communicate. The nurse identifies a change in condition but does not call the physician. The nurse calls the physician but does not call the supervisor when the response is inadequate. The nurse documents concerns but does not take action. Each of these patterns can support a claim when the resulting delay causes harm.
Staffing and Systemic Issues
Staffing levels, training adequacy, and policies all affect nursing care. While individual nurses can be liable for their own breaches, the facility itself can be liable for systemic failures — inadequate staffing, lack of training, policies that do not meet standards. The firm investigates both individual conduct and the systems that surrounded it.
The Chain of Command and When to Use It
The nursing chain of command is the structured way to escalate concerns when the immediate response is inadequate. If the bedside nurse believes a patient is deteriorating and the resident physician’s response is inadequate, the chain runs to the charge nurse, the nursing supervisor, the attending physician, the medical director — up the structure until a satisfactory response is obtained. Failure to use the chain when the standard required it is a documented basis for nursing malpractice claims.
Documentation as Both Sword and Shield
Nursing documentation is the primary record of what care was delivered. When documentation supports the care actually delivered, it protects the nurse and the facility. When documentation is incomplete, when entries are made late, when entries do not match the timeline of events, or when entries describe care that was not actually performed, the documentation becomes a problem. Forensic review of nursing documentation — including audit trail data showing when entries were actually entered — is part of building a nursing case.
Long-Term Care and Federal Standards
Nursing homes participating in Medicare and Medicaid are subject to federal standards under 42 C.F.R. Part 483, which address staffing, quality of care, residents’ rights, and many other areas. These federal standards can inform the standard of care in Delaware nursing home cases, and survey deficiency reports — public records — can document recurring problems at facilities.
The Special Vulnerabilities of Older Adults
Older adults are particularly vulnerable to harm from nursing errors. Falls produce hip fractures and head injuries with a high mortality rate in this population. Medication errors compound when the patient takes many medications. Pressure ulcers progress quickly in patients with thin skin and limited mobility. Aspiration pneumonia from feeding errors can be rapidly fatal. The damages picture in cases involving older adults often includes acceleration of decline that would not have occurred with proper care.
Falls Risk Tools and Their Use
Validated tools — the Morse Fall Scale and the Hendrich II Fall Risk Model are common — assess fall risk based on factors like prior falls, mobility, cognition, and medications. The score guides interventions. When the documented score does not match the patient’s actual presentation, when interventions appropriate to the score were not put in place, or when the score was not reassessed when the patient’s condition changed, gaps in the standard of care can be identified.
Pressure Ulcer Staging and the Significance of Late Stages
Pressure ulcers are staged 1 through 4, with deeper stages indicating more severe tissue damage. A stage 4 pressure ulcer extends to bone or muscle and is a serious medical event with high morbidity and mortality risk. The development of a stage 3 or stage 4 pressure ulcer in the course of inpatient or facility care raises significant questions about whether the standard of care was met, particularly in patients without unusual risk factors.
Nursing Home Specific Issues
Nursing home cases present specific issues including chronic understaffing, high staff turnover, and population vulnerability. Survey data, complaints, and prior litigation can document patterns at facilities. The federal nursing home reform act and Delaware nursing home regulations both impose specific duties, and violations can support a claim.
Family Members as Witnesses
Family members are often important witnesses in nursing care cases. They observe the care being delivered (or not delivered), they hear staff communications, and they document changes in the patient’s condition. Encouraging families to keep a journal of observations during a hospital or facility stay can produce valuable evidence if a problem develops.
Why Choose Schuster Jachetti LLP for a Delaware Medical Negligence Case
Joseph M. Jachetti, Delaware Bar #003744, has practiced personal injury and medical negligence law in Delaware for over 25 years. Before practicing law, he spent 10 years as an insurance claims adjuster, giving him a working knowledge of how carriers evaluate, defend, and resolve claims. That background informs every aspect of how the firm approaches medical negligence cases, from the initial investigation through final resolution. The firm represents clients across Delaware from offices in Wilmington, Smyrna, Georgetown, and Lewes, and works on a contingency fee basis so that pursuing a claim is accessible regardless of immediate financial means.
Medical negligence cases require patience and methodical work. Records must be obtained, qualified medical professionals must review them, the affidavit of merit must be prepared, and the case must be filed within Delaware’s strict statutory deadlines. The firm manages each step carefully and keeps clients informed throughout. When cases proceed to discovery, depositions, mediation, or trial, the firm prepares thoroughly. The objective is recovery that addresses the harm and provides for the future, evaluated on the specific facts of each case.
How Insurance Companies Handle Nursing Malpractice Cases
Joseph Jachetti spent 10 years as an insurance claims adjuster before practicing law. Carriers in nursing cases commonly argue that the patient was uncooperative, that staffing levels were adequate, that the injury was unavoidable due to the patient’s condition, or that documentation supports the care provided. Joseph Jachetti uses his prior adjuster experience on behalf of clients during negotiations.
Steps to Take After a Suspected Nursing Error
- Request complete nursing records, including flow sheets and medication administration records
- Photograph any visible injuries (pressure ulcers, bruising)
- Document the timeline and conversations with staff
- Do not sign authorizations or settlements without legal review
- Contact a Delaware medical malpractice attorney quickly
Frequently Asked Questions
How long do I have to file a nursing malpractice claim in Delaware?
Two years from the date of injury under 18 Del. C. § 6856, with a three-year statute of repose. More on Delaware deadlines.
Do I need qualified medical professional testimony for a nursing case?
Yes. An affidavit of merit from a qualified medical professional is required at filing under 18 Del. C. § 6853.
Are pressure ulcers always preventable?
Many but not all. The standard of care requires risk assessment, repositioning, skin inspection, and nutrition support. The question is whether the standard was met.
How much does a Delaware nursing malpractice lawyer cost?
The firm works on a contingency fee. More on contingency fees.
What is my nursing case worth?
Value depends on injuries and damages. Read about case valuation.
Schuster Jachetti LLP Serves Delaware Clients Statewide
From four offices: Wilmington ((302) 966-8684), Smyrna ((302) 775-0728), Georgetown ((302) 877-9524), Lewes ((302) 527-9513).
Talk to a Delaware Nursing Malpractice Lawyer Today
Call (302) 984-1000 for a free consultation. Joseph M. Jachetti, Delaware Bar #003744, has handled medical negligence cases for over 25 years.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. Past results do not guarantee a similar outcome.
Talk to a Delaware Attorney
Free consultation. No fee unless we recover compensation for you.
📞 Call (302) 984-1000
This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. Past results do not guarantee a similar outcome.