New Jersey Nursing Malpractice Lawyer

Nursing Malpractice Attorneys

Nurses play a vital role in the healthcare system by providing essential care and support to patients. However, when a nurse fails to perform their duties competently, the consequences can be severe, leading to what is known as nursing malpractice. If you’ve been a victim of such negligence in New Jersey, you need to understand your rights and the legal options available to you in seeking justice.

At Varcadipane & Pinnisi, P.C., we understand the burden nursing malpractice victims go through. To alleviate the burden, our lawyers are ready to take up the legal process and allow you to focus on your health. Our New Jersey nursing malpractice lawyer will assess your case to determine the proper steps to take and ensure you obtain timely justice.

What is the Role of a Nurse?

Nurses are tasked with a broad range of responsibilities that span from basic patient care to more complex medical procedures. One of their primary duties is patient assessment, which involves evaluating patients’ health by taking vital signs, recording medical histories, and observing symptoms closely. In addition to these assessments, nurses are responsible for ensuring that patients receive the correct medications in the appropriate dosages and at the right times.

Another important aspect of a nurse’s role is patient education. Nurses are often the ones who inform patients and their families about their health conditions, explain treatment plans, and provide guidance on post-care procedures. This education helps patients and their families understand what to expect and how to manage care at home.

Collaboration is also a key part of a nurse’s job. They work closely with doctors, specialists, and other healthcare providers to deliver comprehensive care, ensuring that all aspects of a patient’s health are addressed. In emergencies, nurses must act swiftly and effectively to stabilize patients and prevent further harm.

Given that nurses are often the first point of contact for patients, their actions have a direct impact on patient outcomes. Their integral role within the healthcare system means that any negligence or errors on their part can have serious consequences.

What is Considered Nursing Malpractice?

Nursing malpractice occurs when a nurse fails to provide the standard of care expected of a reasonably competent and responsible nurse, leading to harm or injury to a patient. This concept of standard care is deeply rooted in medical ethics and has evolved over time from the Hippocratic Oath to the more contemporary standards recognized by healthcare and legal professionals today.

For instance, if a nurse administered the wrong medication, leading to harm, the courts would compare these actions to what a competent nurse would have done in the same scenario. If it is determined that a prudent nurse would have acted differently and prevented the harm, then the nurse’s actions could be considered negligent.

This is when it becomes essential to seek the assistance of a New Jersey nursing malpractice lawyer. They will help you gather the necessary evidence to demonstrate that the damages you suffered were not merely the result of unfortunate circumstances but were directly caused by the failure to meet the standard of care expected of them. The New Jersey Law outlines the procedures for holding the responsible parties accountable and seeking compensation for the harm you have endured.

Can You Prove Nurse Malpractice?

To build a successful case, you must prove nursing malpractice in court. The law requires several elements to be proven to establish whether there was nursing malpractice or not.

Establishment of a Nurse-Patient Relationship

The first step in proving malpractice is demonstrating that a formal nurse-patient relationship exists. This relationship creates a duty of care, so the nurse had an obligation to offer a standard of care to the plaintiff. Without this relationship, there can be no claim of malpractice, as the nurse would not have been responsible for the patient’s well-being.

Breach of the Duty of Care

Once the nurse and patient relationship is ascertained, the next step is to show that the nurse didn’t stick to their duty of care. This means proving their actions were not up to the standard that a reasonably skilled nurse would have met in the same situation.

In New Jersey, the scrutiny of this aspect is implemented through an affidavit of merit. New Jersey law requires this affidavit to fully establish a malpractice case. It is a document written by a healthcare professional in the same field as the defendant, offering evidence that the actions in question were indeed malpractice.

Direct Causation

After proving a breach, it needs to be shown that this breach directly led to the patient’s injury or made their condition worse. This means proving a direct link between the nurse’s negligence and the harm suffered.

For instance, if the injury could have occurred independently of the nurse’s actions, proving causation becomes more challenging. The affidavit of merit provides expert insight into how the nurse’s actions caused the harm.

Quantifiable Harm

Finally, for a malpractice claim to be valid, the patient must have suffered actual harm that can be quantified. This harm can be financial, emotional, or physical. Without demonstrable harm, even if negligence occurred, there would be no grounds for a lawsuit. A New Jersey nursing malpractice lawyer will help put together and present evidence effectively.

What are the Common Nursing Mistakes?

Some typical nursing mistakes that might result in malpractice claims include:

• Misreading prescriptions, administering incorrect dosages, or confusing medications.
• Not properly reporting patient symptoms, conditions, or changes in health to doctors or other nurses.
• Ignoring signs of distress, failing to check vital signs, or not following up on abnormal test results.
• Misusing devices, leading to injury, or failing to maintain equipment properly.
• Not adhering to cleanliness standards, leads to infections or complications, especially in vulnerable patients.
• Causing harm to a patient during a blood draw or IV insertion
• Not updating a patient’s chart

These mistakes can result in severe consequences, including patient injury, worsening of medical conditions, or even death. When such errors occur, the affected patients or their families may have grounds for a nursing malpractice lawsuit.

What Type of Damages Can I Be Compensated For?

If you have suffered harm due to nursing negligence, you may be entitled to recover compensation for both the financial and personal losses that result from your injuries. The damages you may seek in a nursing malpractice claim need to reflect the full scope of the impact the negligence has had on your life.

• Costs of additional medical care and rehabilitation: One of the primary forms of compensation is for the additional medical expenses you incur as a result of negligent care. This can include the cost of surgeries, treatments, hospital stays, medications, and any necessary rehabilitation to address the injuries or complications caused by the nurse’s actions.
• Long-term care costs. In cases where the injuries or complications lead to prolonged or permanent disabilities, you may need long-term care. This could involve ongoing medical treatment, assisted living arrangements, or home healthcare services to ensure you receive the necessary support throughout your recovery.
• Lost income. Injuries or health complications from nursing negligence may require you to take additional time off work, leading to lost income. You can seek compensation for these lost wages, ensuring you are not financially burdened by the time needed to heal and recover from the negligent care.
• Loss of future earning ability. If your injuries affect your ability to work in the future, you may seek compensation for the loss of future earning capacity. This type of damage accounts for the income you would have earned had you not been injured.
• Physical pain and emotional distress. Beyond the tangible financial losses, nursing malpractice can also cause significant pain from injuries, the trauma of medical treatments, or the psychological impact of living with disabilities or permanent scarring.

Calculating the full extent of damages requires a thorough analysis of the impact the malpractice has had on your life, both financially and emotionally. An attorney can help you understand the types of compensation you may be entitled to and ensure you receive a fair settlement.

Learn How Our Paramus, New Jersey Nursing Malpractice Attorneys Can Help

Dealing with a nursing malpractice claim can be both daunting and disorienting. Well, you don’t have to go through this emotionally charged process alone, as our New Jersey nursing malpractice attorneys at Varcadipane & Pinnisi, P.C. are ready to support you. They will assess your claim to figure out where you stand and determine the appropriate legal avenues to seek timely justice.

If you or a loved one has suffered damages because of nursing malpractice in Paramus, New Jersey and are on the hunt for legal assistance, call our firm today at (201) 588-1500 or contact us online . We provide a free case evaluation to assess your case and ascertain its validity.

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