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“When it comes to medical malpractice costs, no state in the U.S. comes close to New York. Consistently, year after year, one fifth of all paid medical malpractice cases and one fifth of total malpractice costs in the U.S. occur in New York alone. In reality, most of these cases occur in and around New York City.” (1)
Nurses are directly involved in nearly all aspects of your medical care. Out of 60,000 medical professional liability cases from 2007 to 2016, several thousand involved nurses. Nursing care was primarily or secondarily responsible in over 10,200 of those cases. In cases resulting in severe injury or patient death, roughly 12,000 involved injurious nursing care. (2)
Malpractice may involve nurses personally, but “more often than not, the liability” may fall on the organization where the nurses were practicing or to doctors involved in your care. Defendants may involve the hospital or other medical facilities and one or more doctors, registered nurses, certified nurse practitioners, certified nurse-midwives, or certified registered nurse anesthetists. (3)
Malpractice is “the failure of a professional person to act in accordance with the prevailing professional standards, or failure to foresee consequences that a professional person, having the necessary skills and education, should foresee.” (4)
Nursing malpractice involves nurses, and anyone else providing nursing care. Anyone providing this care can be held accountable. Even basic “bedside” skills can lead to patient injury. Examples of bedside skills include medication administration and monitoring, use of catheters and IVs, and wound care. (5)
Nursing professionals are also responsible for assessing and monitoring patient activities and movement. Helping patients get in and out of bed and use the bathroom are a couple of examples. (6)
Ensuring patients don’t fall, trip over equipment, or suffer serious injury while simply waiting in the emergency room are other examples. Especially in the ER, patients with certain conditions could suffer a stroke, have a heart attack, or even die from the very illness they’re seeking emergency care to treat. (7)
If you suffered from nursing malpractice, contact us today to discuss your legal options.Get a Free Case Review
“Medical negligence is the third leading cause of death in the United States.” Nurses can harm you if they do not treat you and your medical condition appropriately. They can also harm you if they do nothing and you suffer a severe medical emergency while in their care. (8)
Any health care professional can be held responsible in medical malpractice suits, including the nurse, hospital, or attending doctor supervising a nurse. “There are different levels of responsibility or liability for malpractice.” These include: (13)
To prove negligence or malpractice, your attorney needs to establish these elements: (14)
An attorney may consider these questions: (15)
If you or someone you know suffered injuries from nursing malpractice, understand your legal rights. Please contact us today.Get a Free Case Review
Each and every state has its own specific medical malpractice regulations and laws. The first thing you need to do before filing a nursing malpractice lawsuit is to consult with an attorney who has a successful history of handling medical malpractice lawsuits.
Our firm offers a free initial consultation. Talk with our attorneys about your situation and listen to the legal options we present. We want you to feel comfortable with our team and know we have your best interests in mind at all times.
Our attorneys seek justice for your injuries and take on the rigorous task of litigating your lawsuit. Trust our firm to work with you every step of the way and guide you through the legal process.
Weitz & Luxenberg is a nationally known law firm handling medical malpractice and wrongful death lawsuits for over three decades. We are based in New York, and our attorneys know New York state medical malpractice laws inside and out.
We also have a strong record of winning. Here are a few examples: