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Have you sustained injuries due to a nurse’s negligence? If so, please read on, then contact one of our experienced New York City medical malpractice attorneys to learn what you should know about nurse misconduct in New York.

What constitutes nurse misconduct in New York?

When a patient alleges that a nurse violated the ethical standards that he or she owes to his or her patient and it results in harm to the patient, that constitutes nurse misconduct. To have a valid claim, you, the patient, will need to prove that your nurse breached the standard of care and diverted from the standard course of treatment. Additionally, you will need to draw a direct link between the nurse’s breach of care to the harm or damages you incurred. Some of the most common examples of nurse misconduct are as follows:

  • Failing to file or properly analyze reports
  • Administering medication improperly
  • Giving patients the wrong medicine
  • Otherwise injuring a patient

How do you prove nurse misconduct in New York?

Given the stakes of your allegations, the nurse and her defense team will raise a number of objections, which you should be prepared to counter. You will need to prove any or all of the following:

  • Foreseeability: The injury was a foreseeable consequence of the medical treatment.
  • You, the patient, did not contribute to the injury: You did follow proper medical advice.
  • A recognized risk: The nurse did not explain all the risks to you and/or you did not agree to assume those risks.
  • Accurate identification: The defendant, and not some other party, is responsible for your injuries.
  • Not a pre-existing injury: A previous illness or disease did not cause your injury.

In order to hold a negligent nurse responsible, you should reach out to a skilled New York City personal injury attorney to discuss your next steps.

How can an NYC personal injury lawyer help you?

A New York City personal injury lawyer will make sure that you understand your rights and responsibilities as they pertain to your case. He or she will aid you in collecting, compiling and presenting the necessary evidence to satisfy the burden of proof in court. With legal guidance, you will be able to make informed decisions. Even the strongest cases will face stiff opposition from defendants and their legal representatives. To give yourself the best possible chance at success, please give us a call today.

Contact Our New York City Firm

If you have been injured in a New York City accident, Swerling Law is here to help. Our firm understands the challenges that many people face after being hurt in an accident and is prepared to help you receive an award of significant compensation to ease some of your burdens. To schedule a consultation with an experienced construction site accident attorney in New York City, contact Swerling Law today.


Settlement to a barista who slipped and fell on a defective stairwell while working for Starbucks who sustained back injuries requiring multiple surgeries in 2012.


Settlement to a woman who was assaulted and sustained back/hip injuries in 2015.


Verdict to a high school student who was assaulted by a school dean during her lunch period dislocating her hip in 2014.


Settlement to a man who was run over by a dump truck on a Brooklyn street causing him to sustain multiple injuries, including but not limited to a broken leg and detached urethra in 2019.


Settlement to a woman who slipped and fell down a wet stairwell in a New York City Housing Authority building requiring a back surgery in 2018.

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