Michael H. Bereston, Inc.

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Phone: 410-793-4554

Toll Free: 866-517-4037

How to prove nurse negligence

If you feel you have been a victim of nurse negligence during a birth injury in Maryland, you may be wondering if you have enough evidence to prove your case. We at Michael H. Bereston work to advocate for children who are injured during birth and have provided this guide to help you determine whether your child was a victim of nurse negligence.


According to the Critical Care Nurse journal, the actions of your nurse must fall outside of what would be ordinarily expected in your situation. This means that a judge must decide that the nurse’s actions were not what a reasonable medical professional would choose to do.


The fact that this guideline is up to interpretation allows the judge to examine all the facts before reaching a decision. It is important to note that the standard does not say that it is based on what a very skilled or experienced nurse would do, but on what a reasonably prudent person would or would not do. The specific circumstances of your case will also play a role in determining what those actions should be.


In these cases, you have the burden of proof to show that the nurse was truly negligent. This means that you need to show that the nurse had a duty to you, he or she failed to meet that duty and the injuries incurred were a result of that mistake. Evidence will likely to be required to prove each aspect of the case. For more information on this topic, please visit our web page.

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Office Location

Michael H. Bereston, Inc.
138 Main Street, Suite 200
P.O. Box 2990
Annapolis, MD 21401

Maryland: 410-793-4554
Toll Free: 866-517-4037
Baltimore/Annapolis: 410-269-5011
DC: 202-628-2226
Fax: 410-269-5022

Annapolis Medical Malpractice Office

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