Is a hospital responsible for mistakes made by its nurses?

Nurses provide most of the hands-on care in a hospital. They check vital signs, give medicines, turn immobile patients, monitor wounds and alert doctors when a patient deteriorates. When that care fails, the consequences can be serious. This guide explains when the hospital is responsible and what families should look for.

Is the hospital liable for its nurses?

Usually. Under the common law doctrine of vicarious liability, an employer is liable for the wrongful acts of its employees committed in the course of their employment. Nurses in Malaysian hospitals, private and government, are normally employees of the hospital or of the Government. So if a nurse is negligent while caring for you, the hospital (or the Government, for a government hospital) is usually the right defendant, often alongside or instead of the individual nurse.

This differs from many doctors in private hospitals, who often practise as independent contractors. For them, the patient may need to rely on the doctor's own liability or on a hospital's non-delegable duty, which the Federal Court accepted can arise in some circumstances in Dr Kok Choong Seng (2018) and applied to a hospital's anaesthetic service in Dr Hari Krishnan (2018). See our guide on non-delegable duty.

What do I still have to prove?

Vicarious liability decides who pays. You still have to prove:

1. the nursing care fell below the standard of a reasonably competent nurse in that setting; and
2. that failure caused the harm.

What nursing failures lead to claims?

Each case depends on its facts, but common examples include:

• Falls: a patient assessed as high-risk is left without bed rails, supervision or help to the toilet, and falls, causing a fracture or head injury.
• Pressure sores: an immobile patient is not turned or given pressure-relieving care, and deep sores develop.
• Missed deterioration: observation charts show rising pulse, falling blood pressure or low oxygen, but no doctor is called or the escalation is delayed.
• Medication errors: wrong drug, dose or patient, or a missed dose of an important medicine. See medication errors.
• IV and cannula injuries: drips leaking into tissue (extravasation) that are not noticed.
• Newborn care: failure to monitor feeding, jaundice or blood sugar.

What should families do?

1. Raise concerns at the time, politely and clearly, with the nurse in charge, and note the time and name.
2. Photograph visible injuries such as pressure sores, bruises or IV injuries, with dates.
3. Write a timeline of what you saw: when you asked for help, how long it took, and who responded.
4. Request the nursing records: nursing notes, observation (vital signs) charts, fluid balance charts, fall-risk and pressure-sore risk assessments, turning charts and drug charts. See how to request medical records.
5. Ask for the incident reference if a fall or error was reported.

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Which records matter most?

Nursing documentation often decides these cases:

• Risk assessments show whether the hospital identified the risk (for example a fall-risk score) and planned for it.
• Observation charts show what the nurses saw and when. Many hospitals use early-warning scores that trigger a call to a doctor.
• Turning and skin charts show whether pressure care was given.
• Nursing notes show what was done and who was informed.

Gaps matter. If a chart says turns every two hours but entries are missing for long periods, that may be significant, although a missing entry does not always mean care was not given.

Can I complain without suing?

Yes. You can use the hospital's complaints process. Private hospitals are licensed by the Ministry of Health under the Private Healthcare Facilities and Services Act 1998, and complaints about a facility can be raised with MOH. Nurses are regulated by the Nursing Board Malaysia. These routes address standards; they do not award compensation.

Common mistakes: confronting staff angrily (which rarely helps the patient), failing to photograph sores or bruises before they heal, and accepting a verbal explanation without asking for the records.

When to speak to a lawyer

Speak to a lawyer if a fall, pressure sore, missed deterioration or medication error led to serious or lasting harm or death. A lawyer who has worked in hospital wards knows how nursing charts are kept and what gaps mean. You can contact us for an initial discussion; every case depends on its facts.

Frequently asked questions

Should I sue the nurse personally?

Usually the claim is brought against the hospital, which is vicariously liable and normally insured. Whether individuals are also named depends on the case.

My father developed a bedsore in hospital. Is that negligence?

Not always. Some very ill patients develop sores despite good care. The turning charts, risk assessments and expert nursing evidence will show whether reasonable care was given.

A nurse ignored the call bell and my mother fell. Can we claim?

Possibly, if she was assessed as at risk and reasonable supervision would probably have prevented the fall. Note times and names and request the fall-risk assessment.

Is the government responsible for nurses in government hospitals?

Claims involving government hospitals are brought against the Government and follow particular procedures. See our guide on suing a government hospital.

Is there a deadline?

Yes. Strict time limits apply under Malaysian law, so seek advice early.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Dr Kok Choong Seng & Anor v Soo Cheng Lin [2018] 1 MLJ 685 (Federal Court) (reported judgment)
2. Dr Hari Krishnan & Anor v Megat Noor Ishak bin Megat Ibrahim & Anor [2018] 3 MLJ 281 (Federal Court) (reported judgment)
3. Private Healthcare Facilities and Services Act 1998 (Act 586), Ministry of Health copy
4. Ministry of Health, Nursing Division: Malaysia Nursing Board (Nurses Act 1950)
5. Nurses Act 1950 (Act 14), Ministry of Health copy
6. Zulhasnimar bt Hasan Basri & Anor v Dr Kuppu Velumani P & Ors [2017] 5 MLJ 438 (Federal Court) (reported judgment)
7. Laws of Malaysia Online, Attorney General's Chambers (official text of Acts)

Fact-checked on 17 Oct 2026