All individuals in the healthcare field are intelligent and highly educated in order to have and maintain the job they do. This holds them to high standards, as they are responsible for taking care of other people’s lives. When a medical professional does not live up to this standard and commits malpractice, they can be held liable as a result of their actions. This can include nurses. When a patient is harmed by the care they receive from a nurse, they can pursue legal action against them. It is important for nurses to fight for their reputation when facing these situations. This can be done by hiring an experienced New York medical defense attorney to protect their career.
Can Nurses Be Held Personally Liable for Negligence in NY?
In New York, nurses play a critical role in the care and treatment provided to patients, and must maintain strict compliance with procedural standards in accordance with New York law. As such, nurses can be subject to legal action depending on the circumstances of the allegations, their role in the care of the patient, and if any actions deviated from accepted nursing standards. It is important to note, however, that liability does not come from a less-than-ideal outcome, but rather whether or not professional duties were breached.
Situations Where Nurses Can Face Legal Action
- Failing to comply with the orders of the treating physician
- Failing to comply with standard care procedures
- Failing to monitor a patient’s condition
- Failure to inform supervisors of concerns
- Incomplete or inaccurate documentation
- Delayed responses to patient distress, alarms, or observable symptoms
As such, nurses can face individual lawsuits in malpractice cases, but liability will depend on whether or not negligence exists.
What Constitutes Nursing Malpractice Under New York Law?
Nursing malpractice is a type of professional negligence that happens when a nurse fails to act as any other reasonable nurse under similar circumstances would, and that failure to act directly results in patient harm.
Under New York law, nursing malpractice is evaluated in accordance with whether or not the nurse took reasonable steps in accordance with facility policy, state requirements, and general professional standards.
Legal Elements of Nursing Malpractice
- Duty of Care: A professional obligation existed when the patient-nurse relationship formed
- Breach: Conduct fell below the accepted standards for nursing
- Causation: There is a direct link between the actions of the nurse and the patient’s injuries
- Damages: Emotional, physical, and financial harm arose as a direct result of the injuries
Common Examples of Negligence Cited in Complaints and Investigations?
- Medication errors and omissions
- Failure to properly assess patient status
- Failure to report adverse impacts or complications
- Ignoring changes in vitals or lab work
What Happens When a Nurse Faces a Complaint or Lawsuit?
Legal action against nurses generally begins with a complaint filed by a patient. In New York, many complaints against nurses proceed through professional disciplinary channels rather than immediately turning into a lawsuit.
Investigations by the Office of Professional Discipline
- The New York State Office of Professional Discipline is responsible for reviewing complaints filed against medical professionals, including nurses
- Investigations conducted by the OPD can often entail interviews, examinations of past records, and written interrogatories
OPD investigations conducted in New York can be reported to licensing boards, employers, and other credentialing agencies. This means that even non-criminal allegations can permanently impact a nurse’s ability to work in healthcare settings.
Potential Disciplinary Penalties
- Formal reprimand
- Probation and strict monitoring requirements
- Suspension or revocation of the nursing license
- Permanent record, ultimately impacting future employment opportunities
How Nursing Negligent Allegations Can Impact a Nurse’s Career
Facing allegations of misconduct or negligence, even if unfounded and fabricated, can have significant, lasting impacts on a nurse’s professional and personal life. Employers, insurance companies, and licensing boards all tend to err on the side of caution when complaints arise, and even those that were unproven can lead to missed employment opportunities.
Career and Financial Risks Nurses Can Face
- Termination of employment or administrative leave pending an investigation
- Difficulty obtaining future nursing-related employment
- Loss of income during suspension or probationary period
- Emotional harm and reputational damage
What Steps Should New York Nurses Take After an Allegation?
The steps taken in the immediate aftermath of a complaint can have a considerable impact on the outcome of the claim.
Critical Early Actions to Protect Your Nursing License
- Avoid making statements or sitting for interviews without legal representation
- Keep and make copies of all relevant documents
- Comply with employer reporting requirements
- Contact an experienced ODP attorney as soon as possible
Connect with Our New York Medical Defense Law Firm Today
At Walker Medical Law, we understand how difficult it can be for healthcare professionals facing legal allegations. Our team understands the impact these accusations can have on your career, which is why our firm is committed to exploring all possible avenues to help you in the fight for justice. If you are facing legal consequences and professional reputation damage, do not hesitate to contact our firm today.
