Entrusting a loved one to a nursing home or healthcare facility is one of the most important decisions a family can make. We expect these facilities and their staff to provide compassionate and competent care, ensuring the safety and dignity of our family members. However, when signs of mistreatment, errors, or unexplained health complications arise, it is natural to wonder whether malpractice vs. negligence in nursing is the cause.
At Poulos & Coates, we understand how devastating it can be to suspect that a loved one has suffered due to poor nursing care. However, proving liability requires understanding the difference between nursing malpractice and negligence. Knowing the distinction can help you determine whether legal action is necessary and whether you have a valid claim under New Mexico law.
Understanding Malpractice vs. Negligence in Nursing
While many people use “malpractice” and “negligence” interchangeably, they have distinct legal definitions and implications. In the simplest terms, negligence refers to carelessness or a failure to meet basic nursing standards, while malpractice involves a healthcare professional making a critical error that results in harm.
Examples of Nursing Negligence
Nursing negligence occurs when a nurse fails to uphold the standard of care expected in their profession, leading to harm or risk to the patient. This type of failure is usually unintentional but can still have severe consequences. Negligence typically happens due to inattention, oversight, or inadequate training rather than a deliberate disregard for a patient’s well-being. While negligence does not always lead to a lawsuit, if the lack of care directly results in significant harm, the patient or their family may have grounds for legal action.
Here are some examples of nursing negligence.
Failure to Monitor Patients Properly
Nurses are responsible for monitoring vital signs, symptoms, and patient conditions. If a nurse neglects to check on a patient regularly or fails to notice concerning changes, it could lead to severe health complications or even death.
Inadequate Communication with Doctors or Staff
Nurses act as a bridge between patients and doctors. When a nurse fails to communicate critical information about a patient’s condition, treatment may be delayed or improperly administered, worsening the situation.
Improper Use of Medical Equipment
Whether it’s incorrectly inserting an IV, failing to set up oxygen properly, or misusing other medical devices, improper equipment use can lead to injury or death.
Failure to Prevent Falls and Injuries
Many nursing home residents are at risk for falls due to mobility issues. Nurses must take precautions to ensure that patients receive assistance when moving around. If a nurse neglects this duty, resulting in a preventable fall, it can be considered negligence.
Not Following Safety Protocols
Whether it’s failing to follow infection control procedures or improperly handling a patient’s hygiene needs, disregarding established safety protocols can put vulnerable patients at risk.
Examples of Nursing Malpractice
Malpractice is a more severe form of negligence that occurs when a nurse, acting within their professional duties, makes a serious mistake that deviates from standard medical practices and directly harms a patient. Unlike general negligence, malpractice typically involves a greater level of professional error or misconduct.
Some common examples of nursing malpractice include:
- Medication errors. Giving a patient the wrong medication, administering the incorrect dosage, or failing to check for allergies can lead to severe reactions, overdose, or even death.
- Performing unauthorized medical procedures. If a nurse goes beyond their scope of practice and attempts a medical procedure without the necessary training or authorization, they could cause irreversible harm to the patient.
- Failing to respond to a medical emergency. Nurses are trained to recognize and respond to emergencies. If a patient is in distress and a nurse fails to act promptly or administer the correct treatment, it may be considered malpractice.
- Administering treatment without proper training. If a nurse is assigned a task they are not adequately trained to perform and proceeds with it despite lacking the necessary knowledge, they can be liable for any resulting harm.
- Failure to document or update medical records. Accurate patient records are essential in medical settings. Forgetting to document allergies, dosages, or a patient’s condition could lead to a malpractice claim.
When evaluating malpractice vs. negligence in nursing, Malpractice cases are more complex than general negligence cases because they require proof that the nurse’s mistake was a clear deviation from accepted medical standards.
Legal Framework in New Mexico for Malpractice and Negligence Cases
Understanding New Mexico’s legal system can help determine your next steps if you suspect malpractice or negligence in a nursing home or healthcare facility.
Because malpractice and negligence cases require substantial evidence, including medical records, witness statements, and expert evaluations, working with an experienced legal team is critical.
The New Mexico Medical Malpractice Act governs claims against healthcare providers, including nurses and hospitals. Here are some key legal points to consider.
Statute of Limitations
In New Mexico, patients or their families generally have three years from the date of the incident to file a medical malpractice lawsuit. Exceptions may apply, however, such as cases involving minors or incapacitated individuals.
Caps on Damages
New Mexico limits noneconomic damages (such as pain and suffering) in medical malpractice cases to $600,000. This cap does not apply to compensation for medical bills and future care costs.
Expert Testimony Requirement
To succeed in a malpractice case, plaintiffs typically need testimony from medical experts who can confirm that the nurse’s actions deviated from accepted medical practices.
Poulos & Coates: Your Trusted Advocates in Medical Malpractice Cases
At Poulos & Coates, we are focused on medical malpractice litigation. Our team includes a doctor and two nurses, giving us unique insight into medical negligence cases and the difference between malpractice and negligence in nursing.
With over 100 years of combined legal experience and over half a billion dollars recovered for clients, we are committed to holding negligent healthcare providers accountable. If your loved one has suffered due to nursing malpractice or negligence in New Mexico, don’t navigate the legal process alone.
Contact us today by filling out our online form or calling us at (575) 523-4444 for a free consultation, and let us help you get justice for your family.
Greig Coates, M.D., J.D.
Over the last thirty years, Dr. Coates has successfully represented plaintiffs in every conceivable type of medical malpractice lawsuit–from single-physician cases to complex litigation involving over a dozen doctors and several hospitals. Dr. Coates has taken several thousand physician depositions in his career involving every known physician specialty and sub-specialty, and almost as many depositions involving hospital personnel such as nurses, techs, and administrators. He has tried several dozen cases to successful verdicts.
Rate this Post
Loading...