When you visit a hospital, clinic, or health care facility, you rightfully expect competent care. Unfortunately, the reality is that patients are injured in New York and throughout the United States due to nursing errors. If you or someone close to you has suffered a injury caused by malpractice by a nurse, you need to reach out to a skilled Rochester hospital malpractice attorney who can assess the merits of your case. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are committed to holding negligent medical professionals accountable for the harm that they cause so that you can move on with your life.
According to the United States Department of Health and Human Services, more than 8 percent of nurses and nursing-related practitioners in the country have had a medical negligence claim made against them. There are many factors that can cause nursing errors and a resulting malpractice claim, including:
- Administering the wrong dosage of a drug;
- Failing to administer the right drug;
- Doing or saying nothing when action is required;
- Failing to notify a doctor of a change in the patient’s condition; or
- Hurting a patient with medical equipment.
If you have been injured while under the care of a nurse, you may be able to file a medical malpractice claim against that nurse. In New York, medical malpractice occurs when a nurse deviates from the standard of care that a reasonably prudent nurse would have used in the same situation. In addition, it must also be shown that the nurse’s deviation (i.e., their failure to adhere to the standard of care) was the direct and proximate cause of the patient’s injury. Put simply, nurse malpractice happens when a nurse does not do his or her job in the way that a normally competent nurse in the same situation would, thereby causing injuries or death to the patient.
It is important to note that the hospital may be liable for nurse negligence as well. A malpractice claim against a hospital may be appropriate if the following conditions are met: the nurse was an employee of the hospital; the nurse was fulfilling a job duty when the patient was injured; and an independent physician was not in control of the nurse. Since most nurses are employees of hospitals, hospitals are often named as defendants in nursing malpractice cases. In some cases, the nurse’s attending doctor may also be named in a malpractice case.
While we expect nurses and other medical professionals to provide reliable care, unfortunately, mistakes and errors in judgment can happen. If you have been injured due to the negligence of a nurse, our skilled Rochester hospital malpractice attorneys can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are dedicated to advocating for our clients at every step of the way. You can rest assured that we will examine the facts of your case and provide you with an honest assessment of your claim. If you have questions or concerns about your case, call us at 315-479-9000 or contact us online.
More Blog Posts:
Medical Malpractice due to Misdiagnosis in New York, Rochester Medical Malpractice and Personal Injury Blog, December 19, 2017
Statute of Limitations in New York Medical Malpractice Cases, Rochester Medical Malpractice and Personal Injury Blog, December 12, 2017
The Basic Elements of a Rochester Medical Malpractice Claim, Rochester Medical Malpractice and Personal Injury Blog, December 5, 2017