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Negligence in Nursing

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What Are Common Nurse Malpractice Claims?

There are five common nurse malpractice allegations that patients make. The claims 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 Constitutes 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.

Jacob D. Fuchsberg Law Firm | Manhattan NYC



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