Jacob D. Fuchsberg Law FirmMedical Malpractice

Negligence in Nursing

Serving New York, New Jersey, & Connecticut

The Jacob D. Fuchsberg Law Firm team
The Jacob D. Fuchsberg Law Firm team
The Jacob D. Fuchsberg Law Firm team
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Our Notable Medical Malpractice Verdicts & Settlements

Nursing Home Neglect

$1.5 Million

Negligent nursing home care results in wrongful death of elderly woman

Medical Malpractice

$7.14 Million

An infant was neurologically impaired as a result failure to perform a c-section

Medical Malpractice

$3.25 Million

40-year-old man's back pain was misdiagnosed resulted in permanent disability to his legs

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What Are Common Nurse Malpractice Claims?

There are five common nurse malpractice allegations that patients make.

Claims for malpractice in nursing include the failure to:

  • Document procedures or activities
  • Follow an appropriate standard of care
  • Use medical equipment responsibly
  • Communicate with the patient and his or her family
  • Assess and monitor a patient

What Constitutesees Nurse Malpractice?

When you file a malpractice claim against a nursing professional, you will likely choose one or more of these allegations to use in your case. It’s most common to allege that a nurse didn’t follow the appropriate standard of care. For example, the nurse might not have followed the right fall procedures, did not give medications in a timely manner, or failed to perform procedures he or she was intended to complete.  If the nurse’s actions led to injury or the death of the patient, a nurse malpractice claim would be filed.

Another allegation you might make is that the nurse didn’t use the medical equipment responsibly. For example, if the nurse doesn’t fully charge equipment before using it on a patient, which could result in the equipment running out of power too soon, that could be a case of negligence.

Failing to assess and monitor a patient is another serious allegation against a nurse. A nurse is trained to help patients by checking on them, reporting changes in behavior or vital signs, or increasing monitoring if the patients are not improving or are nauseated. Failing to do these things can make a nurse negligent and reckless, which is something a family can file a claim for.

Nurse negligence is similar to malpractice in any other medical situation. When you file a lawsuit against a nurse for malpractice, you’ll need to show that the nurse did something that a reasonably prudent person would not have done under the same circumstances or that she failed to do something that someone else would have done in the same situation.

Nursing Malpractice Claim

Generally, negligence is the failure to provide reasonable care. Nurses are held to this “reasonable” standard.  A malpractice suit against a nurse claims that the nurse did something that caused an injury to a patient.

To establish a nursing malpractice claim, your lawyer will need to demonstrate the following:

  • Why the nurse had an obligation to you as a patient;
  • How the appropriate standard of care was not met;
  • How the nurse breached that standard of care in your treatment;
  • That the breach in the standard of care led to your injury; and
  • Document the injuries and damages that you suffered.

If you and your attorney can demonstrate all these things, you’ll be in a good position to prove that nursing negligence took place.   You and your attorney will build your case around the above requirements, so you have the best chance of making an impression on the court.

If you think you have been the victim of nursing negligence, or your loved one experienced nurse malpractice, talk with one of our New York medical malpractice attorneys (212) 869-3500 about your case. Contact us today.


Our Clients’ Reviews


I cannot rate the firm any higher! we are extremely happy with the service we received from Brad, Chris and the team. We are northern Irish citizens and as such had no experience of the US justice system, Chris and Brad helped us navigate this and made sure we understood every step of the process and we were kept informed of what would happen with the case.

We also felt that Brad and Chris had a genuine interest in our story, what the implications for us as a family were and they were genuinely invested in how they could help our situation.

We were reassured by the manor in which Chris and Brad dealt with us and trusted that the advice we were given was always well balanced and in our best interests. We were extremely happy with the outcome the firm achieved for us and feel that we only got this outcome due to the hard work of Chris and Brad. I would not hesitate to recommend the firm to anyone who is considering a case and wants to feel as though they are really valued as a client.

Many thanks to the firm for all of their hard work on our behalf it truly is appreciated.

Leanne Montgomery




Let’s go to the beginning when I realize that I was going to need legal assistance because I was shocked that I was actually injured I called my fiancé and told her that I was going to need a lawyer, so she googled the top 5  personal injury law firms in NY and The Jacob Fuchsberg Law Firm came up. One of the representatives from the firm took the time to come personally to my home to see me, that immediately showed me that I was going to be able to make it through my pain and suffering they understood what I was going through and with patience, persistence, and diligence they were able to get the best results possible in settling my case. I highly recommend the Jacob Fuchsberg Law firm when the unexpected happens you will not be dissatisfied with the kind, courteous and professionalism that you would expect from a law firm.

Keith Middleton




Very satisfied with the representation I was given from this law firm.  I would recommend Fuchsberg to anyone with a unique situation such as mine. My attorney went above and beyond to ensure everything was done thoroughly and in a timely manner! Everything about this firm exceeded my expectations! Very special thank you to Chris,  Allison, and Brad!

Marie Price



Our Clients’ Reviews

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Get a Free Case Evaluation from Our Nursing Malpractice Lawyers in NYC

Contact our personal injury law firm immediately for legal representation to get your questions answered and for sound legal advice.

The consultation is ALWAYS free. We can answer your questions and help you decide what steps to take next. There are no fees unless and until we recover compensation for you and your family.

Based in New York City, our New York medical malpractice attorneys work with individuals and families of those injured in Manhattan Brooklyn, Queens, Bronx, Staten Island, and Long Island. We invite you to learn more about why clients choose us.

To speak with one of our top medical malpractice lawyers in New York, call (212) 869-3500 or complete the free case evaluation form below.

  • We are available to you 24/7

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Frequently Asked Questions

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