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New York City Medical Malpractice Law Blog

Exhaustion is Leading to Nursing Negligence

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Nursing Negligence on Monday, July 08, 2019.

According to a new report published in the Mail Online on 2 July 2019, a recent study of more than 1,000 nurses in the US found that the incidence of nursing negligence and medical errors has increased in recent years. The study indicated that this is largely due to exhausted nurses and nurse burnout

Statistical analysis of the study’s results revealed the following:

  • 13% of nurses take medications to stay alert during their shifts
  • That’s nearly 1 in 8 nurses that rely on prescription medication to stay awake during their shift
  • 31% of these nurses suffer from chronic insomnia and shift-work disorder 
  • As a result, more than a quarter (27%) of these nurses reported having to take sleeping pills to help them sleep at night
  • Nurses are at risk of sleep deprivation and poor sleep behaviors
  • Nearly half (49%) of the nurses average only 6.6 hours of sleep per night which is less than the absolute minimum of 7 hours as recommended by the American Academy of Sleep Medicine
  • Almost 100,000 death occurs every year in US hospitals due to medical errors that are mostly caused by exhausted staff
  • Nurses themselves have reported a concern regarding their ability to ensure proper safety and performance at work due to their exhaustion

Unfortunately, the result of this exhaustion is nursing negligence - a type of medical malpractice that occurs when a nurse, who should be fully capable of providing quality nursing services to you or a family member, does not care for you or that family member in the way a reasonable nurse should.

Nursing Negligence Lawsuits and Standard of Care

When a nurse does not adhere to the standard of care of the nursing profession, then they can be classified as negligent. 

Standard of care refers to the diagnostic and treatment process that a nurse needs to follow when caring for you. This care should be tailored specifically for you and your individual needs as dictated by your illness and clinical circumstance.

If a nurse does not adhere to the standard of care of their profession when treating you, then you will more than likely have grounds to open a nursing negligence medical malpractice lawsuit. Should you open this lawsuit, it’s important that you bear in mind that standard of care does not equal “perfection,” and that if there was a possible outcome that your treatment would fail which was reasonably expected to occur and was explained to you, then the nurse in question cannot be held accountable and you will not be able to file a viable nursing negligence medical malpractice lawsuit.  

Therefore, as a patient and potential plaintiff, it is best that you consult with a qualified medical malpractice attorney

Legal Matters

When you consult with a qualified NYC medical malpractice lawyer, they will be able to guide you through the process of an NYC nursing negligence medical malpractice lawsuit. This is because the law differs between states, and you will need the assistance of an NYC medical malpractice lawyer who is familiar with the laws of NYC. 

Your medical malpractice attorney will explain to you that there are various elements to a medical malpractice lawsuit specific to nursing negligence cases that need to be satisfied in order for you to have a viable case. 

These elements have to be fulfilled within the statute of limitations specific to NYC, and include you being able to:

  • Highlight that the nurse treating you had a duty to look after you within their scope and capacity
  • Explain how this nurse breached their duty
  • Communicate that you sustained an injury due to this nurse’s failure to adhere to their duty
  • Rationalize that a causal relationship exists between this nurse’s breach of duty and the injury that you incurred 

Contact

If you believe that you or a family member may have been a victim of nursing negligence, please contact the medical malpractice lawyers of Rosenburg, Minc, Falkoff & Wolff LLP in NYC today and speak to one of our medical malpractice attorneys.

When you are ready to talk, we are ready to listen. Call 1-866-516-5887 for a free, confidential consultation.

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Our client, a 5-year-old patient, receives almost $8 million in compensation from an NYC hospital in a medical malpractice claim won by Rosenberg, Minc, Falkoff & Wolf. Representing the injured child with his team of legal and medical experts, Daniel Minc said, "It was great day for the family."

The case involved negligent care on the part of the hospital pediatric intensive care unit for failing to observe bleeding from a simple biopsy wound which caused neurological damage.

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