Gavel and mallet next to a stethoscope, to represent a medical malpractice case
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By Joseph Dell
Managing Partner

We entrust nurses and other medical professionals with our well-being and health. Usually, they do a great job at caring for us and our loved ones. Sometimes, however, they fail to provide the level of care required of them—and this often results in serious injuries. Fortunately, if you or a loved one are a victim of nursing malpractice in New York, you may be entitled to significant financial compensation. However, to increase the odds that you obtain compensation for your injuries, you must take the correct steps. In this article, we discuss the legal steps that are necessary to take if you suspect nursing malpractice. 

Seek Medical Help

Although it may seem counterintuitive, the first thing you should do following a suspected nursing malpractice incident is seek medical help for your injuries. Not only will this ensure that you receive proper treatment for your injury, but it will also be useful for your legal case. Obtaining treatment immediately following a nursing malpractice incident demonstrates to the court that you quickly took steps to prevent your condition from worsening. 

Document the Incident

After obtaining medical assistance following a suspected nursing malpractice incident, you should collect and document relevant information about the event. Important information to document includes:

  • Copies of patient charts and medical records
  • Times and dates of medical appointments
  • Treatments or medications prescribed
  • Photos of visible injuries
  • Names and contact information of the parties involved

Gather Evidence

In addition to seeking medical assistance and documenting the incident, you should gather and preserve any relevant physical evidence. Examples of important evidence to collect following a suspected nursing malpractice incident include: 

  • Medical equipment or devices used during treatment
  • Prescription drugs or medications that caused harm
  • Property that was damaged as result of the incident (e.g., a damaged prosthetic limb)
  • Witness testimonies or statements from friends, family, or other medical professionals 
  • Videos or photos of visible complications or injuries 

Understand Your Options and Rights

Following a nursing malpractice incident, it’s important that you understand your options and rights. As a nursing malpractice victim, you may be entitled to compensation for your injuries. The legal term for such compensation is damages. After you file a legal claim or settle your case through negotiation, you may be entitled to several types of damages, including: 

  • Lost income or wages
  • Past, current, and future medical expenses
  • Emotional distress
  • Pain and suffering
  • Loss of enjoyment of life

Contact a Long Island Medical Malpractice Attorney 

If you or a loved one are a victim of nursing malpractice in Long Island, New York, the experienced medical malpractice attorneys of Dell & Dean, PLLC, are here to help. When you come to us for assistance following a nursing malpractice injury in New York, we will review your situation, plan a legal strategy, and aggressively seek to hold all responsible parties accountable for their actions. Please contact us today to schedule an initial meeting with an experienced medical malpractice lawyer

About the Author
Joseph G. Dell, the firm’s Managing Partner, is regarded as one of New York State’s top trial lawyers and a zealous advocate of those injured through the negligence of others. Having founded the firm in 1994 with the singular goal of leveling the playing field for those injured, Mr. Dell has worked tirelessly for his clients since its inception. In addition to meeting with clients on a daily basis and trying cases, Mr. Dell is a frequent lecturer at Law School and Bar Associations on cases of significant importance in the fields of negligence and medical malpractice. If you have any questions regarding this article, you can contact Mr. Dell here.