Nurse Malpractice Lawyer in New York City
A nurse malpractice lawyer helps patients who were harmed by a nurse's failure to meet the accepted standard of care. At Michael Gunzburg, P.C., we have spent 39+ years holding negligent nurses, hospitals, and healthcare facilities accountable across New York City, and you pay nothing unless we win your case.
Nursing malpractice is more common than most people realize. An analysis of 4,634 medical malpractice claims settled between 2018 and 2021 found that 18% of negligent events involved nurses. When a nurse fails to monitor a patient, administers the wrong medication, or misses critical warning signs, the consequences can be life-altering. You may be dealing with new injuries, mounting medical bills, lost income, and deep uncertainty about what comes next. We understand what is at stake. Our firm investigates every detail, works with qualified medical experts, and fights to prove that substandard nursing care caused your harm. If you or a loved one was injured by a nurse in New York City, call us today at (212) 725-8500 for a free consultation. We serve all five boroughs on a contingency fee basis.
Who Needs a Nurse Malpractice Lawyer in New York City?
You need a nurse malpractice lawyer if a nurse's error caused you serious harm while you were under their care. This includes patients injured in hospitals, nursing homes, home care settings, labor and delivery units, emergency rooms, and outpatient clinics. If you were treated at any facility in Manhattan, Brooklyn, Queens, the Bronx, or Staten Island, including major medical centers like NYU Langone, NewYork-Presbyterian, Montefiore, Elmhurst Hospital, or NYC Health + Hospitals, and you believe a nursing error worsened your condition or caused new harm, you may have grounds for a claim. The key question is whether the nurse's actions fell below what a reasonably competent nurse would have done in the same situation.
Common Types of Nurse Malpractice We Handle
Negligent Communication
Communication failures are the single most common type of nursing malpractice, accounting for nearly 30% of all claims against nurses. The most frequent failures involve nurses not notifying doctors of fetal distress during labor, or failing to report a patient's deteriorating condition before discharge. These breakdowns most often occur in labor and delivery, surgery, and emergency departments.
Medication Errors
Medication errors account for roughly 19 to 20% of nurse malpractice claims. This includes administering the wrong drug, giving an incorrect dose, failing to administer a prescribed medication, or not checking a patient's allergy history before giving a drug. These errors occur across hospital departments, with the highest concentration in medical and senior care units.
Failure to Monitor
Nurses are a patient's first line of observation. When a nurse fails to track changes in vital signs, misses warning signs of a deteriorating condition, or does not report critical changes to the attending physician, serious harm can follow. These monitoring failures are among the most cited issues in nursing malpractice lawsuits.
Documentation Errors
Incomplete or inaccurate patient records can directly affect the care decisions made by other providers. When a nurse omits critical details from a medical chart, such as medications given, changes in condition, or vital sign readings, future treatment may be based on incomplete information, putting the patient at risk.
Improper Use of Medical Equipment
Negligent handling of IV lines, catheters, tubes, or other medical devices can cause avoidable patient injuries. Nurses can also be liable for burns, puncture wounds, or leaving a surgical sponge inside a patient following a procedure.
Inadequate Discharge Instructions
Registered nurses are responsible for communicating what patients need to do after leaving a facility. When a nurse fails to properly review discharge instructions, including medications, follow-up appointments, and home care protocols, a patient's condition can worsen rapidly at home.
Patient Falls and Safety Failures
Nurses have a duty to maintain a safe patient environment. Failing to use bed rails, not supervising mobility-impaired patients, or ignoring fall-risk assessments can lead to broken bones, head injuries, and other serious harm.
Nursing Home Negligence
Nursing home residents depend on nursing staff for nearly every aspect of their care. Common forms of nursing home malpractice include pressure ulcers (bedsores), preventable falls, medication errors, malnutrition and dehydration, and failing to recognize signs of serious illness. Stage III and Stage IV bedsores, which expose muscle and bone, are widely recognized as markers of nursing failure, staff should be repositioning immobile residents every two hours. As many as 5 million elders are abused each year in the United States, though only a fraction of cases are ever reported.
Nurse Practitioner Malpractice
Nurse practitioners (NPs) are advanced practice registered nurses who can diagnose conditions, interpret test results, prescribe medications, and manage patient care. With that expanded scope comes greater legal responsibility. Common malpractice claims against NPs include failure to diagnose, medication errors, and failure to refer a patient to a specialist or adjust treatment when results indicate a problem.
Why Hiring a Nurse Malpractice Lawyer Matters
Hiring a nurse malpractice lawyer can be the difference between receiving full compensation and getting nothing. Hospitals and their insurance carriers have experienced legal teams working from the moment a complaint is filed. Without your own advocate, you are at a significant disadvantage when it comes to gathering evidence, identifying the correct liable parties, and understanding the full value of your claim.
Nurse malpractice cases require expert medical testimony to establish that the nurse's actions fell below the accepted standard of care. Without this, your case will not succeed regardless of how clear the error may seem. We work with qualified nursing experts, hospital administrators, and medical professionals who can review your records and testify on your behalf.
Hospitals also work hard to shift or spread blame, sometimes arguing that their nurses were following a physician's orders, or that the harm you suffered was an unavoidable complication rather than the result of negligence. An experienced attorney knows how to investigate these defenses and counter them with evidence.
Who Can Be Held Responsible?
More than one party may be liable when a nurse's error causes harm. We investigate all responsible parties to maximize your recovery.
The nurse can be personally liable when they acted outside the scope of their training or license, violated clear hospital policies, or made an error serious enough to warrant personal accountability.
The hospital or employer is often liable under the legal doctrine of respondeat superior, which holds employers responsible for the negligent acts of their employees while on the job. Hospitals may also face liability for negligent hiring if they failed to properly verify a nurse's credentials, education, or licensing before putting them to work with patients. Under New York law, a hospital can be held vicariously liable for the malpractice of its employed nurses acting within the scope of their employment.
Supervising physicians who gave incorrect or unclear instructions to a nurse, or who failed to follow up after assigning patient care tasks, may share liability. For nurse practitioners working under a collaborative physician agreement, the supervising doctor may also be vicariously liable for an NP's decisions.
Staffing agencies can be liable if a travel nurse or agency-employed nurse commits malpractice while placed at a facility.
What You May Be Entitled to Recover
New York is one of the most plaintiff-friendly states in the country for medical malpractice. Unlike over 26 other states, New York places no caps on economic or non-economic damages in malpractice cases. Juries are free to award whatever amount they deem fair. This matters, New York's average medical malpractice payout ranges from $446,000 to $565,000, compared to roughly $242,000 nationally.
Economic damages you may recover include:
- Past and future medical expenses caused by the nursing error
- Lost wages and reduced earning capacity
- Rehabilitation and therapy costs
- Home health care and household services
- Other out-of-pocket losses
Non-economic damages include:
- Pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Loss of consortium (impact on your family relationships)
- Disfigurement
Punitive damages may be available in cases where the healthcare provider's conduct was especially reckless or egregious.
In cases involving wrongful death, surviving family members may also pursue a separate wrongful death claim.
Important Deadlines and Legal Rules in New York
New York's statute of limitations for nurse malpractice is two years and six months (30 months) from the date of the negligent act, as set by CPLR § 214-a. If you miss this deadline, you lose your right to sue, regardless of how strong your case may be. Do not wait.
Several exceptions can change this deadline:
- Continuous Treatment Doctrine: If the same healthcare provider continued treating you for the same condition related to the malpractice, the clock does not start until that treatment ends.
- Foreign Object Exception: If a surgical instrument, sponge, or other object was left inside your body, you have one year from the date you discovered it (or reasonably should have) to file suit.
- Lavern's Law: If a nurse or provider failed to diagnose cancer, you have 2.5 years from the date of discovery of the misdiagnosis, with an outer limit of 7 years from the date of the malpractice.
- Claims Involving Minors: The statute of limitations is paused until the child turns 18, giving them until age 20 years and 6 months, but no later than 10 years from the date of the malpractice.
- Wrongful Death: New York has a separate two-year statute of limitations for wrongful death claims.
New York also requires that a Certificate of Merit be filed alongside (or within 90 days of) any medical malpractice complaint. The attorney must submit a sworn statement confirming they consulted with a qualified medical professional who reviewed the case and concluded there is a reasonable basis for the claim. Failing to file this properly can result in dismissal.
Act now. Time limits in New York malpractice cases are strict, and delays make it harder to gather the evidence and expert witnesses your case needs.
What to Expect When You Work With Us
Working with Michael Gunzburg, P.C. means you have an experienced advocate handling every aspect of your case while you focus on your health.
Free Case Review
We start with a no-obligation consultation to understand what happened, answer your questions, and evaluate whether you have a viable claim. You pay nothing for this conversation.
Medical Record Investigation
We obtain and review all relevant medical records, nursing notes, medication logs, incident reports, and documentation from the facility. We look for every gap, inconsistency, and sign of failure.
Expert Medical Consultation
We consult with qualified nursing and medical experts who can confirm that the standard of care was violated and that the violation caused your harm. Expert testimony is required in New York malpractice cases, and we have the resources to get the right experts.
Building Your Case
We conduct depositions, gather evidence, and identify all responsible parties. We prepare every case as if it is going to trial, which puts us in the strongest position to negotiate a settlement or present to a jury.
Resolution
Most nurse malpractice cases settle. When they do, you will receive honest advice about any offers and make the final decision. If a fair settlement is not offered, we are prepared to go to trial. We have 39+ years of courtroom experience arguing cases before juries, and we have recovered multimillion-dollar verdicts and settlements for our clients.
Benefits of Working With a Nurse Malpractice Lawyer
You Pay Nothing Unless We Win
We handle every nurse malpractice case on a contingency fee basis. There are no upfront costs. We advance all expenses, medical record fees, expert witness fees, court costs, and only collect if we recover compensation for you.
Access to Medical Experts
Proving nurse malpractice requires qualified expert witnesses who can explain what proper nursing care looks like and where the nurse in your case fell short. We have the relationships and resources to retain the right experts for your case.
Full Accountability
We pursue all responsible parties, the nurse, the hospital, supervising physicians, and any staffing agencies involved, so you recover the full compensation you deserve, not just a fraction of it.
No Damages Caps
In New York, there is no legal limit on what you can recover for pain and suffering or any other non-economic harm. We fight for the full value of your case.
A Lawyer Who Treats You Like a Person
Clients consistently tell us they felt like they mattered here, not like a case number. Michael Gunzburg is personally involved in his clients' cases, returns calls promptly, and takes time to explain every development.
Proven Results & Client Experience
Michael Gunzburg, P.C. has over 39 years of experience representing victims of medical and nursing malpractice across New York City. Our firm has recovered more than $40 million in medical malpractice settlements and verdicts, including a $3.3 million settlement for a family whose loved one died during a routine liposuction procedure after a nurse and anesthesiologist failed to respond properly to a life-threatening airway emergency.
In that case, a circulating nurse was distracted during a surgical procedure while the anesthesiologist failed to recognize and respond to a dislodged oxygen mask in time. Our investigation, including depositions of the plastic surgeon, anesthesiologist, scrub nurse, and circulating nurse, uncovered exactly what had gone wrong in the operating room. We left no stone unturned.
New York is the highest-paying state in the country for medical malpractice claims, with average payouts between $446,000 and $565,000 per resolved claim, nearly double the national average. Notable verdicts in New York have included $130 million for a birth injury causing cerebral palsy, $120 million against Westchester Medical Center, and $110.6 million for brain damage caused by a failure to transfer a patient.
Here is what one client said about working with our firm:
"He always took my concerns to heart, and he was always willing to talk with me about them. In the end, all of the settlement money is now secured for my daughter's future, and for that I remain thankful to Michael Gunzburg, P.C."
Many clients continue working with our firm for years after their cases close, referring family members and friends when they need trusted legal help.
Common Questions About Nurse Malpractice in New York City
Can I sue a nurse for malpractice in New York?
Yes, you can sue a nurse for malpractice in New York if their actions fell below the accepted standard of care and caused you harm. To succeed, your case must establish four things: that a nurse-patient relationship existed (duty), that the nurse's actions or inactions were below the accepted standard (breach), that the breach directly caused your injury (causation), and that you suffered actual harm as a result (damages). Expert medical testimony is required to prove these elements in New York. An experienced nurse malpractice lawyer can evaluate your situation and tell you whether your case has merit.
How long do I have to file a nurse malpractice claim in New York?
In New York, you generally have two years and six months (30 months) from the date of the negligent act to file a medical malpractice lawsuit under CPLR § 214-a. Several exceptions apply, including the Continuous Treatment Doctrine, a foreign object exception, Lavern's Law for cancer misdiagnosis cases, and extended deadlines for claims involving minors. Wrongful death claims have a separate two-year deadline. Because these deadlines are strict and the exceptions are complex, you should speak with an attorney as soon as possible to protect your right to file.
Can the hospital be sued for a nurse's mistake?
In most cases, yes. Under New York law, hospitals can be held vicariously liable for the negligent acts of their employed nurses under the doctrine of respondeat superior. This means if a hospital nurse commits malpractice while performing job-related duties, the hospital itself can be held responsible. Hospitals may also face direct liability for negligent hiring if they failed to properly vet a nurse's credentials. There are important exceptions, hospitals generally cannot be held vicariously liable for independently contracted physicians, but nurses are almost always employees, making hospital liability common in these cases.
What is the difference between nurse negligence and nurse malpractice?
The terms are often used interchangeably, and legally, they mean the same thing. Nursing negligence occurs when a nurse fails to exercise the level of care a reasonably prudent nurse would have in the same situation. Nursing malpractice is the legal claim that arises from that negligence when it causes patient harm. Whether the nurse's error was intentional or an inadvertent oversight does not change a patient's right to seek compensation, what matters is whether the standard of care was met and whether the failure caused harm.
What types of injuries can result from nurse malpractice?
Nurse malpractice can cause a wide range of serious injuries. The most common include pressure injuries and bedsores, hospital-acquired infections, broken bones from preventable falls, adverse drug reactions or medication overdose, hypoxic brain injuries from oxygen deprivation, birth injuries such as cerebral palsy or Erb's palsy, worsened medical conditions from delayed treatment, and wrongful death. Pressure injuries and fatal outcomes together account for approximately half of all nurse malpractice claims.
How much is a nurse malpractice settlement worth in New York?
Settlement values vary significantly depending on the severity of the injury, the evidence available, and the damages involved. The average nurse malpractice claim totals approximately $210,513, but cases involving serious injury, disability, or death routinely settle for far more. New York's overall medical malpractice average is $446,000 to $565,000, nearly double the national average of roughly $242,000. New York places no cap on damages in medical malpractice cases, which means a jury can award whatever amount it finds appropriate. Cases involving catastrophic harm have settled in the tens of millions. Speaking with a lawyer is the best way to get a realistic assessment of your specific case.
Does New York cap medical malpractice damages?
No. New York is one of approximately 15 states that do not cap economic or non-economic damages in medical malpractice cases. Juries in New York are free to award any amount they find appropriate for pain and suffering, emotional distress, loss of enjoyment of life, and other non-economic harms. This is a meaningful advantage for patients injured by nursing malpractice in New York compared to states where pain and suffering awards are legally limited.
What is a Certificate of Merit in a New York nurse malpractice case?
A Certificate of Merit is a sworn statement that your attorney must file with (or within 90 days of) your initial medical malpractice complaint in New York, as required by CPLR § 3012-a. The certificate confirms that your attorney consulted with a qualified medical professional who reviewed the facts, is knowledgeable in the relevant specialty, and concluded there is a reasonable basis for the claim. Failing to file a valid Certificate of Merit can result in your case being dismissed. This requirement is one reason why hiring an experienced malpractice attorney early in the process matters.
What if the nurse was a nurse practitioner?
Nurse practitioners (NPs) can be sued for malpractice just like any other healthcare provider. Because NPs have an expanded scope of practice, including diagnosing conditions, ordering tests, and prescribing medications, they face the same legal standards as physicians in the areas where they practice independently. Common NP malpractice claims include failure to diagnose, medication errors, and failure to refer a patient to a specialist. The supervising physician may also share liability for an NP's decisions under a collaborative practice agreement.
What if the nurse who harmed me works for a staffing agency?
If a travel nurse or agency-employed nurse committed malpractice while working at a facility, the staffing agency that employs and insures that nurse may also be held responsible. We investigate the employment relationship and insurance coverage of all involved parties to make sure every source of potential compensation is identified and pursued.
What should I do if I think a nurse harmed me?
The most important steps are to seek medical attention if you need it, request copies of your medical records as soon as possible, write down everything you remember about what happened while it is fresh, and contact an experienced nurse malpractice attorney. Do not give recorded statements to the hospital or its insurance company without speaking to a lawyer first. Time limits in New York are strict, and early action helps preserve critical evidence.
Areas We Serve
Michael Gunzburg, P.C. represents nurse malpractice victims throughout New York City and surrounding areas. We handle cases in Manhattan (including the Upper East Side near NYU Langone and NewYork-Presbyterian), Brooklyn (including Park Slope, Downtown Brooklyn, and areas near SUNY Downstate, Maimonides, and Brooklyn Hospital), Queens (including Astoria, Flushing, and neighborhoods near Elmhurst Hospital, Jamaica Hospital, and NewYork-Presbyterian Queens), the Bronx (including Riverdale, Fordham, and areas near Montefiore Medical Center and Jacobi Medical Center), and Staten Island. We also represent clients in Nassau and Suffolk Counties and throughout New York State. If you cannot travel, we offer home and hospital visits.
Schedule Your Free Nurse Malpractice Consultation in New York City
If you or a family member was harmed by a nurse's negligence in New York City, do not wait to get legal help. New York's 30-month statute of limitations is strict, and every day that passes makes it harder to preserve evidence and build a strong case.
At Michael Gunzburg, P.C., we offer a free, no-obligation consultation to review what happened, explain your legal options, and answer your questions honestly. You pay nothing unless we recover compensation for you.
Call (212) 725-8500 today or contact us online. We are available 24/7 and ready to fight for the accountability and compensation you deserve.
Other Medical Malpractice Services We Offer
Our firm handles a full range of medical malpractice cases throughout New York City, including: