Nurse malpractice occurs when a nurse has done something another prudent person would not do under similar circumstances. For instance, if a patient was suffering from an asthma attack, a reasonable response would be to provide emergency medications. If a nurse ignores the patient's needs and does not provide the medications, that could be seen as malpractice by a nurse.
Compensation for Nurse Malpractice
It is possible to sue a nurse who was on duty at the time of an injury. The lawsuit would be for negligence and medical malpractice. A claim must be filed in most cases because it is not likely that the medical provider will willingly admit to making errors. With a lawsuit, it is possible to file against the nurse and others. You can seek compensation through the lawsuit going to trial or via a settlement offer from those medical professionals.
Proving Nurse Malpractice
There are several elements of the case that need to show that negligence by a nurse took place. You need to show that the nurse had a duty to provide you with care. You need to show the appropriate standard of care and how it wasn't met. After that, you'll need to show that the breach in your care caused your injury and show the damages that have taken place as a result.If you can prove all of these factors existed and led to your injuries, then you are in a good position to win your case and obtain a settlement offer or award from the court. For more background, you can read this article written by our attorneys about common nurse malpractice claims.If you think you or a family member have suffered an injury due to nurse malpractice, give us a call 212-869-3500 to schedule a consultation with one of our New York medical malpractice attorneys.Data Source: Critical Care Nurse, "Understanding Negligence," Ruth C. Ashley, accessed April 28, 2016