New York Lawyers For Nurses

If you are a nurse in New York, then it’s vital you take steps to protect yourself from legal issues so that you can safeguard your career. No matter where you work, you could find yourself on the wrong side of a lawsuit if a patient under your care becomes injured. Even if you do everything by the books and take great care of your patients, a single complaint is often enough to trigger an investigation into your past performance and treatment of patients. The best way to protect yourself from these problems is to stay current with all the laws related to your profession. You must also educate yourself on how to respond if you find yourself facing unfair legal action.

Negligence

When you want to learn about the legal issues you might face and how to respond to them, taking the time to understand negligence is a great first step. You can be charged with negligence if you fail to tend to a patient who is under your care. If a current or former patient files a complaint, you will likely find yourself under investigation. Because the laws relating to negligence are often open to interpretation, it can be difficult to protect yourself from allegations. However, carefully monitoring the condition of each patient under your care can significantly reduce your odds of being found negligent. You must also check in with patients as often as you can so that you can tend to them as needed.

Medical Malpractice

You can face medical malpractice charges if you attempt to treat a patient in a way that is outside of your standard of care when doing so results in the injury of that patient. If you find yourself is this situation, then you could be sued for any resulting damages. In severe cases, malpractice can be considered a criminal offense, and you could spend time in jail as a result. When your goal is to prevent yourself from facing a malpractice lawsuit, you must ensure you never attempt to perform a procedure or offer advice that is outside the scope of your training.

DEFENSE TEAM SPOTLIGHT

Todd Spodek

Lead Attorney & Founder

Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.

NY Bar Admitted Multi-State Licensed Federal Courts

Meet the Full Team

Legal Scenario: What Would You Do?

Scenario

A registered nurse at a Manhattan hospital was reported to the New York State Education Department's Office of Professional Discipline after a patient's family alleged she administered the wrong dosage of medication during a night shift. She received a notice of hearing threatening suspension of her nursing license, even though she followed the physician's written orders exactly as prescribed.

Can I really lose my nursing license over a medication error that was based on the doctor's own orders?

Attorney's Answer

Under New York Education Law Section 6510, the Office of Professional Discipline can bring charges of professional misconduct against any licensed nurse, and the burden falls on you to demonstrate that your actions met the standard of care. Even when following a physician's orders, nurses have an independent duty under the New York Nurse Practice Act to question orders that appear unsafe or incorrect, so the investigation will examine whether the dosage should have raised a red flag. An experienced nursing defense attorney can gather hospital protocols, medication administration records, and expert testimony to build a strong defense before the Board of Regents hearing. Early legal intervention is critical because the outcome of these proceedings can mean the difference between keeping your license and facing suspension or revocation.

This is general information only. Contact us for advice specific to your situation.

The Importance of Documentation

When most nurses think of documentation, they consider writing down a patient’s vital signs and noting any medication they might be taking, but this is not enough to protect you from facing possible legal action. It’s important you write down everything you can about each patient, including changes in their condition. If a supervisor or co-worker offers to fill in for you while you are on duty, make sure you write that down as well.
If something happens to the patient while you are gone but the records indicate you are the person responsible, you can still be held liable for the damages. If your statements are called into question at any point during an investigation, accurate records could be your only chance of winning your case.

Responding to Accusations