Being accused of misconduct can permanently damage or destroy a nurse’s livelihood and future. But what does nurse misconduct entail and how can someone defend against such charges? If you are a nurse asking yourself that very question, please read on, then contact one of our experienced New York health care professional defense lawyers to learn what you should know about nurse misconduct in New York.
What constitutes nurse misconduct in New York?
When a nurse is said to have violated the ethical standards that he or she owes his or her patients and it results in harm to the patient, that nurse is open to charges of misconduct. To have a valid claim, a patient will need to prove that his or her nurse breached the standard of care and diverted from the standard course of treatment. Additionally, the patient will need to draw a direct link between the nurse’s breach of care to the harm or damages the patient incurred. The following are some common examples of nurse misconduct:
- Failing to file or properly analyze reports
- Administering medication improperly
- Giving patients the wrong medicine
- Otherwise injuring a patient
A nurse’s career may be on the line if he or she is convicted. That is why it is essential that you reach out to one of the skilled New York health care professional defense lawyers from our firm to fight these accusations from the beginning.
How can a New York health care professional defense lawyer defend you from nurse misconduct charges?
When a patient accuses a nurse of misconduct, The Office of Professional Discipline will investigate the matter. If found guilty, you may face penalties from the Department of Education and lawsuits that will threaten your right to ever practice again.
Given the stakes of these allegations, a qualified legal professional may present any or all of the following arguments in your defense:
- Foreseeability: The injury was an unforeseeable consequence of the medical treatment.
- The patient caused or contributed to the injury: The patient did not follow proper medical advice.
- Not a recognized risk: If a nurse explains all the risks to a patient and the patient agrees to assume those risks, the nurse is not responsible for resulting injuries.
- Misidentification: Some other party than the defendant is responsible for the patient’s injury.
- Pre-existing injury: The patient’s injury was caused by a previous illness or disease.
Do not go it alone. Please give us a call today.
Contact our experienced New York City firm
When a medical professional is accused of misconduct, they must retain strong legal representation. If you require a medical law attorney for your legal matters, call Paul E. Walker, an experienced New York City OPMC & OPD Lawyer. Please contact the Walker Medical Law firm to set up a free initial consultation.