DO YOU SUSPECT YOUR LOVED ONE(S) PASSED AWAY FROM COVID-19?
A recent report by NY State Attorney General Letitia James released findings that nursing home deaths may have been underreported by up to 50%. The report investigates the Empire State's March 25 Policy of recovering COVID-19 patients being released to nursing facilities. This contentious policy could have lead to increased outbreaks and deaths.
Increased risks for illnesses for nursing home residents were also exacerbated by a lack of infection controls, the report found. The Department of Health also stated that not all nursing homes complied by state protocols and violated executive orders such as requiring facilities to inform families in "real time" when a COVID-19 infection or death occurred at their location.
Holding New York Hospitals & Medical Facilities Accountable
Have you been injured by the negligence of a nurse? Nurses are medical professionals in their own right and are held to high standards when it comes to patient care. If you received substandard care and were injured as a result, you may be able to take legal action against the nurse's employer. Napoli Shkolnik, LLP represents injured patients in New York who have suffered from nursing malpractice and negligence. We offer a free initial consultation to discuss your rights with a New York medical malpractice attorney who can answer your questions and shed light on this important matter in order to help you make informed decisions about your case.
Like all medical professionals, nurses are held to a certain standard when it comes to patient care. This is a particularly important matter considering the amount of responsibility today's nurses hold. In hospital settings, nurses typically carry out the majority of patient care, carrying out doctor orders, administering medication, responding to patients' needs, monitoring medical equipment and acting as a go-between from the patient to the doctor or doctors. Depending on whether a person is a registered nurse (RN) or licensed vocational nurse (LVN), he or she may have different responsibilities.
There are situations where a nurse may make a mistake or act negligently, causing a patient to suffer some form of harm. When this occurs, an injured patient may be able to seek financial compensation for the physical, financial and emotional harm suffered. This is typically done by way of a medical malpractice lawsuit against the hospital or other medical facility that employs the nurse.
Examples of Nursing Malpractice
To gain a better understanding of nursing malpractice, let's take a look at the definition and some examples. Nursing malpractice may be defined as any failure on the part of a nurse to provide proper or adequate care to a patient. It may be committed through an act or inaction, as long as the final result is substandard care and an injured patient. Examples follow:
- A nurse who accidentally administers the wrong medication.
- A nurse who delays in responding to a patient's distress call.
- A nurse who is negligent in monitoring a patient after surgery.
- A nurse who forgets to write down on a patient's chart that medication was administered.
- A nurse who does not listen to a patient's complaints of certain symptoms or fails to relate these to the attending physician.
- A nurse who does not check a patient's chart before administering care.
- A nurse who improperly performs a medical procedure.
- A nurse who misreads or fails to monitor medical equipment.
These errors often fall under one of three key categories: delaying or doing or saying nothing when a patient is in need (including the failure to monitor a patient), injuring a patient with medical equipment and improperly administering medication. No matter the type of error, a patient may suffer from serious injuries or may even lose his or her life. The serious nature of nursing errors and malpractice make taking legal action all the more important.
Who is liable for a nurse's mistake?
When a registered nurse or licensed vocational nurse makes a mistake or is negligent in caring for a patient, the employer will typically be held accountable. This is often the hospital or other medical facility the nurse works for. The injured patient or representative of the patient may be able to file a civil lawsuit against the hospital or facility, seeking financial compensation for such damages as:
- Medical expenses;
- Future medical care;
- Physical therapy;
- Assistive devices or in-home care, if needed;
- Lost earnings while unable to work;
- Future loss of earnings;
- Pain and suffering; and/or
- Emotional trauma.
Call a New York Medical Malpractice Lawyer
Nursing malpractice cases are notoriously complex, like all medical malpractice matters. These are technical in nature and involve procedures and medical conditions that can be hard to understand. Because it will be necessary for the plaintiff (injured patient or representative) to prove that the nurse provided substandard care, it will also be necessary to prove what would have constituted standard care and how the nurse deviated from this. A review of medical records and complete investigation will be required to build a strong case against the at-fault party.
At Napoli Shkolnik PLLC, we not only have the experience and knowledge needed to approach these complicated cases but the resources to conduct complete investigations that help us create compelling arguments for our clients. In addition to our headquarters in Manhattan, we have additional offices located in the New York City Metropolitan area and represent clients across the state and country. Contact our New York office to discuss your case.