In many hospital settings and doctor’s offices, it is not unusual for nurses to spend more time with patients than doctors. Although doctors usually provide medical care, nurses frequently carry out the doctor’s orders and monitor patients’ health. Nurse malpractice in the form of negligent or reckless patient care can cause devastating injuries and even death.
You may be entitled to financial compensation if you or a loved one has suffered injuries due to nursing malpractice. The attorneys at Dell & Dean, PLLC, are prepared to review the facts of your case and help you understand your legal rights. We have a proven track record of recovering compensation for victims of nurse malpractice and other types of medical malpractice, providing a sense of security in uncertain times.
Types of Nurse Malpractice in New York
As with all medical malpractice lawsuits, the victim in a nursing malpractice lawsuit will need to prove that the defendant is liable for their injuries. The majority of malpractice lawsuits are based on the legal theory of negligence. Proving a nurse’s negligence requires the patient and their attorney to establish that the nurse did not follow the appropriate standard of care. Common examples of nursing malpractice include the failure to:
- Document activities, medical treatments, and procedures effectively
- Follow appropriate standards of medical care for nursing
- Use medical equipment responsibly
- Effectively communicate with a patient and their family
- Carefully assess a patient
- Carefully monitor the patient and respond to indicators of distress
Common Examples of Nurse Malpractice in New York
In most hospital and clinical settings, nurses are tasked with taking patient information before the doctor visits the patient, administering prescription medication, and monitoring the patient. They are required to check the patient’s vital signs, monitor their medication, and make accurate and descriptive notes of any changes in the patient’s condition.
There are many ways nurses can make mistakes while caring for patients that result in them becoming injured or their medical condition worsening. Some of the most common examples of nurse malpractice include the following:
- Giving the patient the wrong type or dosage of medication
- Failing to monitor the patient’s vital signs properly, such as their heart rate or blood pressure, lab work, vitals and physical complaints
- Failing to communicate the patient’s concerns to the doctor
- Following the wrong patient chart or orders
- Not following the clinic or hospital policies or procedures
- Ignoring the patient’s pain levels or other symptoms
- Failure to notice new or worsening symptoms while monitoring the patient
Proving Liability in a Nurse Malpractice Case
Generally speaking, the failure to provide a patient with reasonable care under the circumstances constitutes negligence. When proving liability, the patient needs to show that the medical professional’s negligence departed from the standard of care and caused their injuries.
Patients can pursue a malpractice claim against a nurse when they took an action or failed to take an action that caused the patient’s injuries. Your attorney will need to prove the following to establish a nurse malpractice claim:
- The nurse had a nurse-patient relationship
- The nurse did not meet the standard of care
- The specific way or ways in which the nurse breached the standard of care while providing treatment
- The causal relationship between the breach of the standard of care and injuries
Who Is Liable for Injuries Caused By Nurse Malpractice?
Depending on the facts in your case, the nurse who provided negligent care, the overseeing doctor, or the hospital or clinic may be liable for your injuries. When a nurse causes a patient to be harmed, the patient can pursue a lawsuit against the nurse directly.
Holding the overseeing doctor responsible for the nurses’ malpractice may be an option. Most doctors who work at hospitals are required to carry their own malpractice insurance. In other cases, pursuing the claim against the hospital or clinic where the injury occurred may be the best option to recover compensation.
Harm Caused By Nurse Malpractice
Generally, malpractice occurs when a nurse fails to perform their duties according to the standard of care for other nurses in their area, and that failure results in harm to the patient. Harm to the patient could include injury, such as when a patient falls out of a wheelchair that hasn’t been properly secured.
In other cases, a patient may develop a more serious condition, such as a fatal reaction to a prescription to which the patient is allergic. A nurse’s failure to properly record all of the patient’s symptoms could result in the doctor missing a diagnosis and the disease worsening. For example, cancer could develop into a more dangerous stage, making it more difficult to treat.
Damages Available in Nurse Malpractice Lawsuits
Victims of nurse malpractice can be left with serious medical conditions they didn’t have previously, or in other cases, nurse malpractice could exacerbate their medical conditions. Treating the patient’s injuries can result in significant medical expenses. Patients may be unable to return to work because their injuries are disabling.
Pursuing a nurse malpractice lawsuit allows victims to recover compensation for their economic and non-economic damages. In addition to damages for medical expenses, lost income, and disability, victims can also pursue non-economic damages for the pain and suffering, loss of consortium, and loss of companionship they’ve endured.
Contact Our Nurse Malpractice Attorneys in New York & Long Island
If you think you’ve been the victim of nursing negligence in New York, or your loved one has become injured or killed because of nurse malpractice, Dell & Dean, PLLC is here to help. Our experienced legal team understands how devastating it can be to suffer serious injuries at the hands of a negligent medical professional, and we are committed to holding them accountable for their actions.
Our legal team at Dell & Dean, PLLC is dedicated to helping you through this difficult time. We understand the emotional and financial toll that nurse malpractice can take, and we are here to fight for the maximum compensation possible in your case. Contact us to schedule a complimentary, no-obligation case evaluation and take the first step toward justice.
Dell & Dean, PLLC, represents clients throughout Nassau County, Suffolk County, and Garden City on Long Island, as well as the boroughs of New York: Queens, Brooklyn, Staten Island, Manhattan, and the Bronx.
