Nurse Errors

New York Court Discusses Demonstrating Liability in a Nursing Malpractice Case

Published on: October 27, 2023 | By DeFrancisco & Falgiatano

People typically consider medical malpractice to be harm caused by negligent doctors. While many medical malpractice claims arise out of the careless acts of physicians, other healthcare providers, including nurses, can be liable for the injuries caused by negligent medical care. In a recent opinion issued in a New York case, the court discussed what evidence is needed to establish liability for nursing malpractice. If you were harmed by inadequate nursing care, you have the right to pursue damages for your losses, and it is wise to consult a Rochester medical malpractice lawyer.

Factual and Procedural History of the Case

It is alleged that the defendants provided nursing services to the decedent in his home during the months leading up to his death. In June 2017, the plaintiff, both individually and as the administrator of the decedent’s estate, initiated a legal action against the defendants, seeking damages for medical malpractice and wrongful death. The defendants, in response, moved for summary judgment to have the complaint dismissed. The trial court denied the defendants’ motion, prompting them to file an appeal.

Demonstrating Liability in a Nursing Malpractice Case

The court reversed the trial court ruling on appeal. In doing so, the court considered the elements required to establish a medical malpractice cause of action, namely evidence that the defendant departed from accepted medical standards and that such a deviation was a proximate cause of the plaintiff’s injuries. Continue Reading ›

New York Court Explains the Distinction Between Medical Malpractice and Negligence

Published on: May 9, 2021 | By DeFrancisco & Falgiatano

While plaintiffs in medical malpractice cases will typically allege that the defendant health care providers were negligent, there is a difference between what a plaintiff must prove to establish ordinary negligence as opposed to medical negligence. As such, if a plaintiff does not offer adequate proof in support of his or her distinct claims, it could result in a dismissal of the case. The distinction between negligence and medical negligence was the topic of a recent New York opinion issued in a nursing malpractice case. If you were hurt due to the careless actions of a nurse, you could be owed damages, and you should speak to a trusted Rochester nursing malpractice lawyer as soon as possible.

The Decedent’s Harm

Allegedly, the plaintiff’s decedent was admitted to a skilled nursing facility that was operated by the defendant federal government. During his admission, he fell and suffered injuries, which led to a worsening of his underlying conditions. He later returned to the nursing facility for a second stay. No changes were made to the facility’s fall protocols, and he fell a second time. He ultimately died from the injuries sustained in the fall. The plaintiff filed a lawsuit against the defendant pursuant to the Federal Tort Claims Act, asserting both negligence and medical malpractice claims. The matter proceeded to a bench trial, after which the court issued findings of fact in which, in part, it described the differences between negligence and medical malpractice.

Ordinary Negligence Versus Medical Malpractice

The court noted that a threshold issue in the subject case was whether the plaintiff’s allegations against the defendant arising out of the decedent’s care at the skilled nursing facility asserted negligence or malpractice claims. The plaintiff argued she merely had to prove negligence to recover damages, while the defendant averred that she must prove medical malpractice, and as she failed to do so, she should be denied recovery. Continue Reading ›

Recent Study Reveals That Nurse Practitioners and Physicians Face Similar Liability Risks

Published on: March 20, 2018 | By DeFrancisco & Falgiatano

Medical malpractice claims can be very complicated. If you or a loved one has been a victim of medical malpractice, you need to reach out to a skilled Rochester medical malpractice attorney without delay. At DeFrancisco & Falgiatano Personal Injury Lawyers, we understand how to handle medical malpractice claims and seek the compensation our clients deserve for their harm.

A recent report released by The Doctors Company shows that medical malpractice claims against nurse practitioner (NPs) do not significantly differ from those made against primary care doctors. With projections that NPs will represent almost one-third of the family practice workforce by 2025, the study may shed some important insights. The report was compiled by the nation’s biggest physician-owned medical malpractice insurer and is based on almost 1,500 claims filed against NPs and family medicine and internal medicine doctors from the time span of January 2011 through December 2015. The main findings of the report were as follows:

Diagnosis-related and medication-related claims were comparable for NPs and primary care doctors;

Nurse Negligence in Hospitals in New York

Published on: December 26, 2017 | By DeFrancisco & Falgiatano

When you visit a hospital, clinic, or health care facility, you rightfully expect competent care. Unfortunately, the reality is that patients are injured in New York and throughout the United States due to nursing errors. If you or someone close to you has suffered a injury caused by malpractice by a nurse, you need to reach out to a skilled Rochester hospital malpractice attorney who can assess the merits of your case. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are committed to holding negligent medical professionals accountable for the harm that they cause so that you can move on with your life.

According to the United States Department of Health and Human Services, more than 8 percent of nurses and nursing-related practitioners in the country have had a medical negligence claim made against them. There are many factors that can cause nursing errors and a resulting malpractice claim, including:

Administering the wrong dosage of a drug;