While many New York medical malpractice lawsuits are filed against doctors, mistakes by nursing staff can be just as serious. When a medical error can be traced back to a nurse or any other hospital employee, it is usually possible to file a lawsuit against that person directly.

There are many situations in which a nurse or other auxiliary care provider is responsible for a hospital injury or problem. Nurses are increasingly responsible for a larger share of patient care. They may be administering medications, moving the patient and ensuring that the patient's environment is clean, organized and sanitary. It is possible for a nurse to create, either intentionally or unintentionally, an unsafe environment for the patient that results in an accident. The nurse may also be guilty of neglecting a patient in need of care. This is especially true in nursing facilities that deal with elderly patients. A failure to provide the proper or expected care can be just as serious as a medical mistake.

In the modern hospital, issues of transgender sensitivity have also arisen. Nurses are the front line of care for most patients, who may visit with a doctor only briefly during their hospital stay. How nurses behave toward a patient is part of their standard and duty of care. This includes their mannerisms and attitude. If nurses are discriminatory or insensitive toward a protected classification such as religion, race, gender or sexuality, it may be possible to sue them.

All medical malpractice lawsuits require some evidence of negligence and resulting harm toward the patient due to that negligence. This harm can be varied and include both physical and possibly mental or emotional damage. Clients often have questions about whether a nurse's conduct warrants a lawsuit, and an attorney could help a client decide and then quantify the amount of damages.

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