Negligence and malpractice in nursing occurs when a nurse deviates from the standard of care and the departure harms or injures a patient. Nursing malpractice cases are rising at a rapid rate because their duties have expanded. Patients are also better informed about the level of care they should expect. Nurses work in doctor’s offices, hospitals, critical care units, operating rooms, and home care settings throughout New Jersey.

According to the National Practitioner Data Bank (NPDB), between 1998 and 2012, nursing malpractice lawsuits have soared, and this trend continues today. Fortunately, most nurses carry malpractice insurance to compensate patients when medical malpractice occurs. Sixty percent of nursing malpractice cases occur in hospitals and nearly one-fifth occur in nursing homes and rehabilitation centers. Nurses with advanced training as anesthetists, midwives, and nurse practitioners account for nine percent of nursing malpractice claims. Home healthcare providers and independent facilities account for two percent each, and nurses at psychiatric centers account for eight percent of claims.

Many victims of medical malpractice immediately think to blame the doctor or surgeon responsible for their treatment plan for the mistake.  However, in reality, nurses spend much more time with patients than a treating physician—and are equally capable of making mistakes that amount to nursing malpractice.  Here are a few common examples of nursing negligence.

When you start a medical malpractice case for nursing negligence, the first thing a nursing malpractice lawyer will do is to evaluate the standard of care. Nurses practicing in New Jersey are bound by a comprehensive set of regulations and guidelines, similar to those that doctors and other medical professionals follow which is commonly called “The standard of care”. These regulations dictate the conduct of nurses across various medical scenarios, tailoring expectations differently for, say, emergency room nurses versus surgical nurses.

The standard of care can vary based on a nurse’s level of training, which may classify them as:

In essence, the specific circumstances confronted by the nurse and the extent of their training dictate the standard of care they should uphold. Establishing this standard—and proving any deviation from it—is crucial in seeking financial restitution for malpractice.

Once the nursing malpractice team has determined the standard of care, it is also imperative to demonstrate:

Yes, having a nursing malpractice lawyer is crucial when pursuing a medical malpractice case. Here’s why:

Overall, hiring a nursing malpractice lawyer ensures that you have a dedicated advocate who will fight for your rights and interests throughout the legal process. Their expertise, resources, and commitment to your case significantly increase your chances of success in obtaining the compensation you deserve.

Medical malpractice laws in New Jersey allow patients to sue the nurses, doctors, and hospital or a combination of responsible parties for malpractice. At Mazie Slater Katz & Freeman, we have successfully recovered multi-million dollar nursing malpractice settlements, including a $2.75 million settlement against nurses, emergency room doctors, and the hospital for failing to diagnose nerve compression, and a $7.5 million settlement against nurses and doctors for failing to adequately treat a baby.

At Mazie Slater Katz & Freeman, we aggressively protect the rights of patients who have been harmed by nursing malpractice. Our nursing malpractice lawyers and expert witnesses demonstrate when the standard of care has not been met and are committed to ensuring that each patient is compensated to the fullest extent permitted under New Jersey law. Results may vary depending on your particular facts and legal circumstances.
If you or a loved were harmed due to improper or inadequate care, contact the New Jersey nursing malpractice lawyers at Mazie Slater Katz & Freeman. We will reply as soon as possible to discuss your nursing malpractice case.