Spodek Law Group > New York Lawyers For Nurses

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.

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

No matter how small, you must take all allegations seriously so that you don’t get blindsided. Your first task is to contact a qualified lawyer right away so you can start building your defense. As the investigation progresses, you must avoid the temptation to talk about your situation to anyone, including friends and family. Saying one wrong word is enough to give the other side enough ammunition to find you at fault. Instead, stay quiet, go about your life as normal and let your lawyer prepare your case. If questioned by coworkers, avoid trying to defend yourself and refuse to comment.

Final Thoughts

Although many nurses like to believe a lawsuit would never happen to them, nobody is immune from legal problems. Staying proactive and taking great care of your patients is a great way to keep yourself safe. Sadly, no amount of vigilance can ensure you will never end up on the wrong side of a legal battle. Mistakes can be made, and your patients can misunderstand certain facts related to their treatment. Either way, your best option is to stay calm and allow a qualified lawyer to navigate these legal problems for you so that you can have the best possible odds of reaching your desired outcome.

Nurses dedicate their careers to caring for those who are injured or sick in a variety of healthcare settings. Nurses working in hospitals, outpatient clinics, surgical centers and dialysis units often work long hours with very little sleep. During these long hours, mistakes can happen or nurses can have trouble following doctors orders which can lead to complaints being filed. When this happens, your nursing license may be in danger of being suspended or revoked. If you are a New York nurse who is facing possible disciplinary action, contact a medical malpractice lawyer for help.

Types Of Offenses

New York lawyers for nurses are dedicated to defending their clients in the face of adverse action by the United States Department Of Health And Human Services or the Office Of The Inspector General. Some of the types of offenses nurses may be disciplined for include:

  • Drug Theft Charges
  • Arrest For DUI
  • Failure To Provide The Proper Standard Of Care
  • Unprofessional Conduct
  • Administering Medication Incorrectly
  • Patient Negligence
  • Not Accurately Maintaining Patient Records
  • Criminal Convictions

In an effort to maintain a high quality of care, the Department Of Health And Human Services maintains a list of healthcare providers who do not qualify to work in federally funded healthcare programs. This list is public record and can include anyone who holds a license to work in the medical field. If you have been sanctioned and had your nursing license revoked or suspended, you may be placed on this list. This will have a devastating effect on your ability to work in the United States. The Affordable Care Act states that this applies to all states, not just the one in which you were disciplined.

What Should Nurses Do Who Face Discipline?

If you face possible disciplinary action, you must work swiftly to avoid severe consequences. You must take immediate action to defend yourself and protect your license by:

During the early part of the investigation, you should never:

  • Ignore Written Notices
  • Voluntarily Relinquish Your License
  • Participate In An Informal Hearing
  • Accept A Settlement Agreement And Agree With The Accusations

How Hiring A Lawyer Can Help

Hiring a lawyer is key to mounting a successful defense against any medical malpractice charge. Trying to deal with investigators working for the Board Of Registered Nursing on your own will typically end in disaster. These investigators have years of experience interviewing nurses and examining claims. No matter what they may tell you, they do not have your best interest in mind. Anything you say to them during the investigation can and will be held against you if they proceed with disciplinary action. Once your license is revoked, it is very difficult to appeal the decision and regain the right to work in the United States.

If you have been notified you are under investigation for any type of medical malpractice, contact a lawyer at once. An experienced medical malpractice lawyer will review your case and come up with a plan to defend you. Having someone on your side can bring great relief during this stressful and difficult time. Successfully defending your nursing license is the only way to be sure you will be able to work in your chosen field in the months and years to come.