Short answer: Nursing malpractice happens when a nurse fails to give the care a reasonably careful nurse would give, for example by missing warning signs, giving the wrong medication, or not alerting a doctor, and that failure causes harm. In New York, nursing claims tied to medical treatment generally follow the same 2.5-year malpractice deadline as claims against doctors, and New Jersey, Pennsylvania, and Connecticut set their own rules.
This is general information, not legal or medical advice. Laws change and every case is different, so speak with your doctor and a lawyer licensed in your state about your situation.
What is nursing malpractice?
Nurses assess patients, give medications, and decide when a change in condition needs a doctor. A nurse is judged against what a reasonably careful nurse with similar training would have done in the same situation.
New York’s highest court recognized this in Bleiler v. Bodnar (1985), holding that a nurse’s negligent act that is part of medical treatment, or closely tied to a doctor’s treatment, is medical malpractice. A claim generally needs three things: care below accepted nursing practice, an injury, and proof that the lapse caused the injury.
What are common examples of nursing negligence?
- Failure to monitor: vital signs, oxygen levels, or pain scores not checked as ordered, so a patient’s decline goes unnoticed.
- Failure to escalate: a nurse sees warning signs, such as signs of sepsis, bleeding, or stroke, but does not promptly notify a physician or use the hospital’s rapid response process.
- Medication errors: the wrong drug, dose, route, or patient, or a drug given despite a documented allergy. Our guide to medication error lawsuits in New York covers these in depth.
- Pressure injuries: bedsores that develop because an immobile patient is not repositioned or checked.
- Falls: a high-risk patient left without fall precautions, bed alarms, or help getting up.
- Charting errors: missing or inaccurate notes that lead the next shift or the doctor to make bad decisions.
The Agency for Healthcare Research and Quality explains how staffing, workload, and communication affect safety in its nursing and patient safety primer.
Who is responsible: the nurse or the hospital?
Usually both can be named, but the hospital is often the main defendant. Under a rule called vicarious liability, a hospital is generally responsible for the negligence of nurses it employs while they are doing their jobs. Agency or traveling nurses can be more complicated, because responsibility may depend on who supervised and controlled their work.
A hospital can also be directly responsible for its own failures, such as unsafe staffing, poor training, or policies that were ignored. How a hospital’s written protocols and everyday practices can be used as evidence is the subject of Moore and Gaier’s column on custom and practice evidence.
What should you do if you suspect a nursing error?
- Get care first. Ask for the charge nurse or attending physician if you are worried now.
- Write down the timeline. Note dates, times, names, and what you saw, such as call lights left unanswered.
- Request the full record. Ask for nursing notes, vital-sign flowsheets, the medication administration record, and the electronic audit trail. Our guide on getting your medical records in New York explains your rights and fees.
- Check the nurse’s license. The New York State Education Department offers a free online license verification search for registered and practical nurses.
- Find out who runs the facility. NYC Health + Hospitals and other public hospitals generally require a notice of claim within 90 days.
What are the deadlines in New York, New Jersey, Pennsylvania, and Connecticut?
Rules differ by state. These summaries cover claims against private hospitals and their staff; public hospitals can follow different rules.
New York
- Filing deadline: under CPLR 214-a, generally 2 years and 6 months from the error or from the end of continuous treatment. Claims that a hospital failed to provide competent staff or proper procedures may be treated as ordinary negligence with a 3-year limit.
- Discovery rule: limited. A foreign object left in the body allows 1 year from discovery, and missed cancer cases have a discovery-based rule. Most nursing claims run from the date of care.
- Certificate of merit: CPLR 3012-a generally requires the lawyer to certify that a physician reviewed the case and found a reasonable basis for it.
- Wrongful death: generally 2 years from death under EPTL 5-4.1. The Grieving Families Act, which would expand this law, was vetoed in December 2025, and the 2026 version did not pass.
- Public hospitals: a notice of claim is generally due within 90 days. See our guide to the notice of claim for NYC public hospitals.
New Jersey
- Filing deadline: generally 2 years under N.J.S.A. 2A:14-2.
- Discovery rule: yes. Courts may delay the clock until you knew, or reasonably should have known, of the injury and that someone may be at fault.
- Affidavit of merit: under N.J.S.A. 2A:53A-27, due within 60 days after the defendant’s answer, with one possible 60-day extension. It covers registered nurses and health care facilities, but courts have held it does not cover licensed practical nurses.
- Wrongful death: generally 2 years from death under N.J.S.A. 2A:31-3.
Pennsylvania
- Filing deadline: generally 2 years under 42 Pa.C.S. § 5524.
- Discovery rule: yes. The clock can start when you knew, or reasonably should have known, of the injury and its cause.
- Certificate of merit: under Pa.R.C.P. 1042.3, filed with the complaint or within 60 days after it in professional negligence cases.
- Wrongful death: generally 2 years from death in medical cases, unless the cause of death was concealed.
Connecticut
- Filing deadline: under C.G.S. § 52-584, 2 years from when the injury was sustained or discovered, but no more than 3 years from the error.
- Discovery rule: built in, capped by the 3-year limit. An automatic 90-day extension is available by petition for a pre-suit review.
- Certificate of good faith: under C.G.S. § 52-190a, filed with the complaint along with a written opinion from a similar health care provider.
- Wrongful death: under C.G.S. § 52-555, generally 2 years from death and no more than 5 years from the error.
Children’s claims and continuous treatment can change these dates; treat them as starting points.
How do you find a lawyer for a nursing malpractice claim?
Look for a firm that handles hospital malpractice regularly, works with nursing experts as well as physicians, and is licensed where the care happened. You can compare firms in the Top Lawyers category and on the New York location page, including the Kramer, Dillof, Livingston & Moore profile. Ask about experience and fees. No lawyer can guarantee a result.
Outcome: protect your health and your options
Raise concerns early, write down the timeline, request the complete nursing record, note your state’s deadline, and have a qualified lawyer review whether what happened was an unavoidable complication or nursing care that fell short.
FAQs
Can you sue a nurse for malpractice in New York?
Yes. New York courts recognize that nurses can commit malpractice. In practice, the hospital that employs the nurse is usually named too, because it is generally responsible for its staff.
What is the deadline for a nursing malpractice claim in New York?
Generally 2 years and 6 months from the error or the end of continuous treatment, and a 90-day notice of claim for public hospitals.
Is a pressure injury or bedsore always malpractice?
No. Some pressure injuries happen despite good care. A claim usually depends on whether the nursing team failed to assess risk, reposition, or treat the wound as accepted practice requires.
What records matter most in a nursing case?
Nursing notes, vital-sign flowsheets, the medication administration record, care plans, and the electronic audit trail showing who entered what and when.
Reminder: this article is general information only and is not legal or medical advice.
