Nurses play a critical role in patient care across hospitals, clinics, and other healthcare settings. They are responsible for monitoring patients' health, administering medications, and carrying out doctors' orders. In many cases, nurses spend more time with patients than doctors, making them essential to patient safety and well-being. However, when nurses fail to uphold the appropriate standard of care, patients can suffer serious harm.
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Nursing malpractice is a significant area of medical negligence litigation in New York. Nurses can be held legally accountable when they fail to meet professional standards of care, and that failure results in patient injury. In New York, nurses are governed by the Nurse Practice Act, which defines their rights and responsibilities and prohibits them from performing services beyond their personal level of competence.
If you or a loved one have been a victim of nursing malpractice in New York, it's essential to seek the help of experienced legal professionals who can protect your rights and fight for the compensation you deserve.
At The Porter Law Group, our dedicated team of nursing malpractice lawyers understands the devastating impact that medical negligence can have on patients and their families. We are committed to holding negligent nurses and healthcare providers accountable for their actions and securing the compensation necessary to support our clients' ongoing care and future needs.
According to the CNA/NSO Nurse Professional Liability Exposure Claim Report, the average total incurred for a professional liability claim is $210,513, marking a 4% increase from prior reporting periods. New York leads the nation in medical malpractice activity, with nearly 16,000 medical malpractice lawsuits filed from 2012 to 2022. In 2024, New York led the nation with $550.12 million in total medical malpractice payouts across 1,205 cases.
We work on a contingency fee basis, so there are no fees unless we win your case. If you have been harmed by nursing malpractice, contact us today at 833-PORTER9 or email info@porterlawteam.com to schedule a free consultation.
Nursing malpractice occurs when a nurse fails to provide services that meet minimum care standards, resulting in harm to the patient. The legal framework treats nursing malpractice as a form of medical malpractice, requiring plaintiffs to establish the same four essential elements: duty, breach of the standard of care, causation, and damages.
Common forms of nursing malpractice include both errors in clinical care and failures in communication.
The most frequent nursing malpractice allegations involve treatment and care failures, which represent the largest category of closed claims:
Although less frequent, communication errors often result in higher average settlements. The average total incurred for these cases is $324,260, compared to the overall average of $210,513. Examples include:
When nurses fail to meet the standard of diligence and attention required by their profession, they may be held liable for any resulting harm to the patient.
New York's medical malpractice statute of limitations applies equally to nursing malpractice cases, generally requiring lawsuits to be filed within two years and six months (30 months) from the date of the alleged malpractice or the end of continuous treatment.
Lavern's Law extends the statute of limitations for cancer-related cases to 2.5 years from the date of discovery, with an overall cap of seven years from the actual malpractice. For cases involving government-owned healthcare facilities, additional requirements apply, including filing a Notice of Claim within 90 days of the injury date.
All nursing malpractice lawsuits in New York must include a Certificate of Merit, confirming that a qualified medical expert has reviewed the case and found it has merit. This certificate is filed with the initial complaint.
Nurses can be held personally liable for malpractice when their conduct deviates from accepted standards of nursing care, resulting in harm to patients. This applies to all levels of nurses, including Registered Nurses (RNs), Licensed Practical Nurses (LPNs), and Nurse Practitioners (NPs).
Hospitals and healthcare facilities may be held responsible for nursing malpractice under the legal doctrine of respondeat superior. If the nurse was acting within the scope of employment, and not under the exclusive direction of an independent physician, the hospital may share liability for the nurse’s negligence.
Nursing malpractice can result in severe and sometimes fatal consequences. The two most frequently reported outcomes are death and pressure injuries (e.g., bedsores). Other potential complications include:
Certain nursing specialties have higher malpractice risk. For example, obstetrics-labor and delivery has the highest average total incurred at $558,007, followed by Post-Anesthesia Care Unit (PACU) at $384,912.
New York does not impose caps on medical malpractice damage awards, allowing juries to award any amount they deem appropriate for both economic and non-economic damages based on the facts of each case. New York medical malpractice settlements average approximately $446,000, well above the national average of $242,000.
If you've been a victim of nursing malpractice, you may be entitled to financial compensation for:
The financial and emotional impact of nursing malpractice can be overwhelming. An experienced attorney can help you recover the full compensation you deserve.
To successfully prove a nursing malpractice claim and recover financial compensation, you need to demonstrate the four essential legal elements:
A thorough determination of facts is necessary to successfully prove nursing malpractice. Evidence like CCTV footage, patient records, and witness testimonies need to be gathered. The issue of liability is also contentious. The nurse may have been acting on the direction of a supervisor or a doctor, so determining who is liable for your injuries will require scrutiny.
Most cases are resolved through settlement negotiations rather than trial. The discovery process involves extensive document review, depositions, and expert witness preparation. Nursing malpractice cases require qualified expert witnesses who can establish the nursing standard of care and demonstrate how it was breached.
Q: Can nurses be held personally liable for malpractice, or is only the hospital responsible?
Both nurses and hospitals may be held liable. Nurses can face individual liability when they depart from accepted nursing standards, while hospitals may be liable under respondeat superior if the nurse was acting within their job duties. In many cases, both parties are named as defendants.
Q: How long do I have to file a nursing malpractice lawsuit in New York?
Generally, you have 2.5 years (30 months) from the date of malpractice or the end of continuous treatment. For cases involving public hospitals or government facilities, you must file a Notice of Claim within 90 days. For cancer-related cases, Lavern's Law may extend this timeline.
Q: What if the nursing error was minor but caused major complications?
Even seemingly minor nursing errors can result in significant liability if they cause substantial harm. The key is whether the nurse's actions fell below the accepted standard of care and directly caused your injuries, regardless of how small the initial error may have seemed.
Q: Do I need a medical expert to prove my nursing malpractice case?
Yes. New York requires a Certificate of Merit from a qualified medical expert who has reviewed your case and concluded that malpractice occurred. Expert testimony is also essential during trial to establish the nursing standard of care.
Q: Can I sue if a nurse made an error while following a doctor's orders?
Potentially, yes. Nurses have an independent duty to exercise judgment and question inappropriate or dangerous orders. Liability depends on the specific facts of the case.
Q: What if I signed consent forms before treatment?
Signing a consent form does not waive your right to sue for malpractice. These forms acknowledge known risks, but they do not excuse negligent or substandard care.
Q: How much does it cost to hire a nursing malpractice attorney?
The Porter Law Group works on a contingency fee basis, meaning you pay no attorney fees unless we win your case. We also provide free consultations to evaluate your potential claim.
Q: What's the difference between a nursing mistake and nursing malpractice?
Not all mistakes constitute malpractice. Malpractice occurs when the nurse's actions fall below the accepted standard of care that a reasonably competent nurse would provide under similar circumstances, and this breach causes harm to the patient.
Injured by Medical Malpractice in New York?
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The lawyers at the Porter Law Group have decades of experience representing individuals and families whose lives have been devastated by catastrophic injuries. We have obtained some of the largest settlements and verdicts in courts throughout the State of New York. We are a state-wide firm that handles cases with a hometown feel.
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When you or a loved one’s life has been devastated by a serious personal injury in New York, don’t hire a lawyer without calling the Porter Law Group to learn why so many of our clients are thankful they trusted us with their case in their time of need.
The lawyers at the Porter Law Group are experienced in medical malpractice cases. Our personal injury attorneys have decades of collective experience in dealing with hospitals that provide substandard care and cause harm to patients due to negligence.
If in the course of our investigation, it is found that you were injured by a nurse who was hired despite the lack of proper qualifications, you may even have a negligent hiring and supervision case as well. This adds another layer of complexity to your case.
Hospitals are big businesses and pay large premiums for insurance in cases of malpractice lawsuits. You will need to contend with these insurance companies if you are looking for financial compensation for injuries. Often, they will try to offer you settlements for the lowest amount possible. Do not allow yourself to be short-changed.
If you or a loved one have suffered harm due to nursing malpractice anywhere in the State of New York, you need a legal team that combines experience, knowledge, and compassion. At The Porter Law Group, our attorneys are dedicated to fighting for the rights of injured patients and their families. We will work tirelessly to investigate the circumstances surrounding your case, identify all negligent parties, and secure the compensation you deserve.
Don't let nursing malpractice rob you and your family of your health and future. Contact The Porter Law Group today at 833-PORTER9 or email info@porterlawteam.com to schedule your free, no-obligation consultation. We offer free consultations and work on a contingency fee basis - no fees unless we win your case.
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