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NY State Medical Malpractice Lawyer Explains Nursing Malpractice in New York

Posted by attorney Edward Lake

When medical professionals make mistakes, it can lead to dangerous, life-altering and even fatal consequences for those involved. Yet medical malpractice doesn’t just refer to doctors; it can mean anyone involved in your medical care or treatment who failed to provide proper care. In many cases, it may be a nurse. If you believe you were the victim of medical or nursing malpractice, you should contact a NY state medical malpractice lawyer today.

** Nursing Malpractice**

Malpractice by nurses is more common than you might think. According to the National Practitioner Data Bank, nursing malpractice cases have risen incrementally in the past few years. In 2007, there were 18,826 cases of malpractice; by 2010, the number increased to more than 24,000.

Nurses are involved in nearly every experience a patient has at a doctor’s office, hospital, nursing home or other medical facility; therefore, there are many opportunities for costly slip-ups and mistakes. If a nurse is negligent or deviates from the accepted standards of care and it causes harm, injury or death to a patient, this could be considered nursing malpractice.

Common nursing malpractice errors include:

· administering the wrong medication or dosage to a patient;

· misinterpreting a doctor’s handwriting on a prescription or treatment sheet;

· incorrectly performing a procedure;

· failing to monitor a patient’s condition properly;

· failing to follow a doctor’s treatment orders correctly;

· delaying care to a patient;

· improperly using an instrument or tool;

· taking incorrect notes;

· failing to recognize symptoms or signs of a patient’s condition; and

· failing to notify a physician when conditions change.

Proving Negligence and Liability

To prove that a nurse was negligent and can be held liable for a patient’s injury or death, you must prove four factors. First, the nurse had a duty to the patient that established a medical provider/patient relationship. Second, the nurse breached that duty and deviated from the standard level of care expected of his or her profession. Third, the patient suffered harm, injury or death. Finally, the breach of duty caused or led to this harm, injury or death.

If you think your or a loved one suffered due to nursing malpractice, it’s imperative you seek legal counsel as soon as possible. In the state ofNew York, the statute of limitations on medical malpractice is just 2.5 years, meaning you have only 30 months from the date the injury or harm occurred in which to file your claim, or you risk forfeiting any damages and compensation you may be due.

Filing a Nursing Malpractice Claim in New York

Were you the victim of nursing malpractice? Filing a claim could help you recoup costs you’ve incurred for medical bills, treatments and other damages. Call 800-246-4878 to contact a NY state medical malpractice lawyer at Gacovino Lake & Associates today.

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