In many hospital settings and doctor’s offices, nurses spend more time with patients than doctors. Although doctors provide medical care, nurses generally carry out the doctor’s orders and monitor patients’ health. Sometimes, however, the care they provide falls short.
When a nurse engages in malpractice that causes harm to a patient, the victim may be entitled to financial compensation. Talk to the Long Island medical malpractice law firm of Dell & Dean, PLLC. We can review the facts of your case and help you understand your legal rights.
Types of Nurse Malpractice in New York
Nurse malpractice is negligent or reckless patient care that causes devastating injuries and even death. As with all medical malpractice lawsuits, the victim must show that the nurse did not follow the appropriate standard of care. Nursing malpractice includes 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
In other words, nurse malpractice is more than simply making a mistake. It involves acts or omissions that effectively fall short of the standard of care expected of nurses. These are things that a careful nurse, in the same situation and with similar experience, would not do.
Common Examples of Nurse Malpractice in New York
In most hospital and clinical settings, nurses take patient information before the doctor visits the patient, administer prescription medication, and monitor the patient. They also check the patient’s vital signs and make notes of any changes in the patient’s condition.
There are many ways nurses can make mistakes with these and other tasks that result in patient injury or the patient’s 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 properly monitor the patient’s vital signs, 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 relevant clinic or hospital policies or procedures
- Ignoring the patient’s pain levels or other symptoms
- Failing to notice new or worsening symptoms while monitoring the patient
Proving Liability in a Long Island 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 who 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 Long Island hospital or medical 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 nurse’s 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 may be the best option.
Harm Caused By Nurse Malpractice
A nurse commits malpractice if they fail to perform their duties according to the applicable standard of care 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 allergic reaction to a prescription drug. 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 Long Island 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. They file lawsuits to seek compensation for various losses associated with the malpractice.
For example, treating the patient’s injuries can result in significant medical expenses. Patients may be unable to return to work because their injuries are disabling. These and other losses are often categorized in what are called economic losses.
Victims can also pursue non-economic damages for the pain and suffering, loss of consortium, and loss of companionship they’ve endured. They are called non-economic damages because determining their value requires more than a simple mathematical calculation.
Why Choose Dell & Dean, PLLC?
Long Island victims of nurse malpractice should consult with experienced legal counsel to better understand their rights and options. Malpractice is a unique area of law, and not all attorneys are prepared to successfully represent a victim.
Dell & Dean, PLLC has a proven track record of recovering compensation for victims of nurse and other types of medical malpractice, providing a sense of security in uncertain times. We believe that we are best suited to handle your case because of our:
- 5-star client representation, backed up by numerous client reviews
- Extensive knowledge of New York medical malpractice law, as well as the applicable court rules and procedures that govern cases
- Reliable expert witness network, which will be critical to establishing the applicable standard of care and proving other elements of your case
- Understanding of the mediation process and how to effectively negotiate with insurers and lawyers to try to reach a fair, comprehensive settlement
- Bilingual services, including for Italian- and Spanish-speaking clients
- Availability around the clock and ability to respond quickly to emergency situations
- Local experience and licensure in both New York and New Jersey
Contact Our Nurse Malpractice Attorneys in New York & Long Island
If you believe you were the victim of nursing negligence in New York, or your loved one has been injured or killed because of nurse malpractice, we are here to help. Our legal team understands how devastating it can be to suffer serious injuries at the hands of a negligent medical professional.
That’s why we are committed to holding nurses and other professionals accountable. To schedule your complimentary, no-obligation case evaluation and take the first step toward justice, reach out today to Dell & Dean, PLLC.
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.
