In New Mexico, nurse malpractice poses a growing problem for those people who seek medical treatment and care.
Any duly authorized service provider can commit medical malpractice. However, most patients spend more time overall with nurses than they do with other types of treatment providers. Nurses provide a broad range of invaluable medical services, delivering experienced, compassionate care. However, sometimes something goes wrong and a patient suffers significant harm as a result.
If you or a loved one suffered an injury due to the negligent act of a nurse, you could be entitled to pursue a medical malpractice claim. The experienced New Mexico malpractice attorneys at Poulos & Coates, LLP, have more than 70 years of combined experience. We fight to get our clients the justice and financial compensation they deserve.
What Is Nursing Malpractice?
Doctors, nurses, and other treatment providers are human, capable of committing human error in the delivery of their services. Even if a patient was harmed or killed by such a mistake, it might not constitute malpractice. To prove a case for nursing malpractice, the injured party must establish that a nurse was negligent in their actions and, as a result, the victim sustained harm. Harm could include sustaining a new injury, having an existing condition made worse, or experiencing complications as a result.
Medical professionals are obligated to provide their patients with a reasonable standard of care. Under the law, a reasonable standard of care is the type of care that another nurse would provide in the same situation, assuming that nurse had the same level of education and experience as the nurse in question. If a nurse failed to provide reasonable care and the victim was harmed as a direct result, the nurse could be held accountable for the victim’s economic and non-economic damages.
Who Can Commit Nursing Malpractice?
Nursing malpractice could potentially be committed by any of the following medical professionals:
- Licensed practical nurse (LPN),
- Registered nurse (RN),
- Nurse practitioner (NP),
- Family nurse practitioner (FNP),
- Certified registered nurse anesthetist (CRNA),
- Clinical nurse specialist (CNS),
- Critical care nurse,
- Emergency room nurse,
- Pediatric nurse,
- Travel nurse,
- Student nurse,
- Perioperative nurse, or
- Nurse midwife.
You might also have a valid claim against a nurse manager, nursing administrator, or another type of nursing professional.
If you are not certain whether you were the victim of malpractice, talking to an experienced nurse malpractice lawyer is the best place to start. An attorney can listen to the details of your case and help you explore your options for pursuing legal action.
What Are the Most Common Types of Medical Malpractice in Nursing?
NSO, a nurse malpractice insurer, compiles data regarding nursing malpractice and publishes its findings periodically. The NSO report details some of the most common types of injuries that victims sustain as a result of nurse negligence. The most common events involved with nursing malpractice claims are as follows:
- Failure to communicate,
- Failure to monitor,
- Failure to document,
- Document falsification,
- Medication errors,
- Treatment errors,
- Assessment errors,
- Abusive/unprofessional conduct, and
- Exceeding scope of practice.
The most common types of injuries that result from nursing malpractice include the following:
- Fetal/infant birth injury,
- Pressure injury,
- Bruise/laceration, and
Even if your injury does not fall into any of these categories, you could still have a valid cause of action for nursing malpractice. Contact the malpractice lawyers of Poulos & Coates, LLP, to explore your claim’s potential.
How Much Are Nursing Malpractice Cases Worth?
Without comprehensive statistics readily available to the public, it is not possible to identify any average nursing malpractice claim value. However, depending on the details of your case, you could be entitled to recover damages for some or all of the following:
- Medical treatment and care,
- Hospital services,
- Prescription drugs,
- Medical devices,
- Lost earnings and benefits,
- Pain and suffering, and
- Emotional trauma.
Talk to your attorney to determine if you could also be entitled to pursue compensation for any of the following damages.
- Future medical treatment,
- Future wages and benefits,
- Diminished quality of life, and
- Diminished earning capacity.
You might also be entitled to recover damages for any long-term or permanent disability, disfigurement, scarring, etc. that you sustained.
The NSO report detailed the types of nursing malpractice claims that carry the highest average value. Obstetrics-related claims carried the highest overall average value, followed by post-anesthesia care claims. Home care claims, critical care/ICU claims, ambulatory surgery claims, and behavioral health claims also rank highly for claim value. Gerontology and aesthetic surgery claims fall at the bottom of the average value scale.
Talking to an experienced New Mexico malpractice attorney can help you determine what your case might be worth.
If a loved one died due to hospital nursing malpractice, your attorney can help you evaluate the viability of a malpractice wrongful death claim. You could be entitled to compensation for funeral costs, lost financial support, loss of inheritance, emotional trauma, and more.
How a New Mexico Nursing Malpractice Attorney Can Help
The most important role of your attorney will involve protecting your legal rights and building the most persuasive case possible on your behalf. Your attorney will be your advocate, fighting for you and handling every aspect of your claim.
Medical malpractice lawyers investigate and gather evidence to prove that the nurse violated their duty to provide reasonable care and that as a direct result, you suffered physical, emotional, or financial damages.
Your attorney will gather records and information to build your case, which might include medical records, statements from witnesses, photos of your injuries, and opinions from medical experts.
This complex area of the law can be difficult to navigate. Having an experienced attorney will help you maximize your claim’s value and give you the best chance at having a successful outcome.
Contact a New Mexico Nurse Malpractice Lawyer Today
The experienced and compassionate attorneys of Poulos & Coates, LLP, only accept medical malpractice cases. Our attorneys have more than seven decades of experience. We even have both a doctor and a nurse in-house to help evaluate your claim. We have recovered more than $100 million for our clients to date. We have the resources you need on your side, no matter what type of injury you sustained.
Contact us now to schedule a free consultation—available in-person or via video conference for your safety—or to speak directly with one of our New Mexico nurse malpractice lawyers.