Española Nursing Negligence Lawyer

Española Nursing Negligence Attorney

If a family member is injured or suffers harm due to the negligent or substandard nursing care in Española, you need effective, empathetic legal counsel. A nursing negligence lawyer can hold medical providers responsible and help you recover compensation for medical bills, pain and suffering, and more.

About Egolf + Ferlic + Martinez, LLC

At Egolf + Ferlic + Martinez, LLC, we have the resources and experience of a larger firm and the personal touch of a smaller practice. Our attorneys are committed to representing clients with competence, compassion, and integrity. From complex nursing negligence cases to other serious legal matters, we can diligently advocate to protect our clients’ rights and to seek the justice they deserve.

What Is Nursing Negligence?

Nursing negligence is a failure by a nurse or hospital to provide a level of care that would be expected by the medical community’s standards of care, and as a result of the failure, a patient suffers injury or harm. Nursing negligence can involve a variety of errors, such as inadequate monitoring of a patient, administering the wrong drug or dosage, failing to detect symptoms of an infection, or failing to inform a doctor or other medical personnel of known or suspected risks.

In New Mexico, some nursing negligence claims may be brought under the state’s Medical Malpractice Act (“MMA”). In general, injuries that result from negligence in diagnosis, treatment, monitoring, implementing a care plan, or communicating are compensable under the Act. The negligent act must, however, be something that a reasonably skillful and careful nurse would not do in similar circumstances.

Nursing Negligence Laws

In New Mexico, there are laws to help people who have been hurt due to the negligence of a nurse or healthcare facility. When nursing negligence leads to a breach of standard care, victims have the right to seek compensation through a civil claim that covers medical expenses, together with pain and suffering and long-term care needs.

In New Mexico, there is a time limit for filing a claim, called the statute of limitations. Under the MMA, the injured person has three years from the date of the injury, or the date it could reasonably have been discovered, to file a claim. In Española, these claims can be filed in and tried at the Rio Arriba County Courthouse, and our attorneys are familiar with the local rules to help you take timely legal action.

Common Nursing Negligence Cases

Some of the most common types of nursing negligence cases include:

• Medication errors. This can include over-prescribing or under-prescribing medications. It can also include giving the wrong drug to a patient or the failure of a practitioner to provide medication on time.
• Failing to respond. When a practitioner does not respond in a timely fashion to concerns from the patient, this can be considered negligence.
• Miscommunications. When a professional does not communicate properly or within a reasonable timeframe regarding a patient’s condition, or if they mix up information without correcting it and informing the patient, this too can be an example of negligence.

Why Hire a Nursing Negligence Lawyer?

When your loved one has been harmed due to a mistake in their nursing care, filing a negligence claim can be complicated and difficult to understand. An attorney can assist you through each step of the process, starting with medical record review and at-fault party identification and ending with insurance negotiations or courtroom litigation.

Because nursing negligence claims are typically brought against hospitals, long-term care facilities, and individual staff members who have legal representation, a strong understanding of the law is critical. A competent attorney can make sure your claim adheres to all legal standards, including timely filing according to the statute of limitations. Attorneys can also secure experts to provide testimony about how the medical professional in your case failed to meet the necessary standard of care for your loved one.

In addition to legal strategy, an attorney can provide guidance and support during this challenging time, so you can focus on healing while knowing your rights are protected. When you hire a negligence lawyer, you have a greater chance of receiving the maximum compensation that you are entitled to.

FAQs

What Four Things Are Needed to Prove Negligence in Nursing Malpractice?

To establish a case of nursing negligence, the plaintiff must be able to prove four elements. First, the nurse owed the patient a duty of care. Second, the nurse breached their duty by failing to act as a reasonable professional nurse would under similar conditions. Third, the nurse’s action or inaction caused the patient to be injured or suffer damages. Fourth, the patient incurred quantifiable damages, such as medical bills, pain and suffering, or lost wages.

What Is a Medical Negligence Attorney?

A medical negligence attorney is an attorney who represents patients or consumers who have been injured by a healthcare professional, such as a nurse, physician, or hospital. Medical negligence attorneys work with cases that involve healthcare errors and omissions that breach acceptable care standards and lead to patient injuries.

What’s the Difference Between Negligence and Malpractice in Nursing?

Negligence is a failure to use reasonable care, which results in harm, whereas malpractice is a form of professional negligence usually referring to a licensed professional. Nursing malpractice happens when a nurse breaches the accepted standard of care within the nursing profession, and an injury results. Nursing malpractice is always a form of negligence, but only becomes malpractice when there is a violation of professional responsibilities.

Contact Egolf + Ferlic + Martinez, LLC

Nursing professionals owe their patients a level of care that meets medical standards. When they breach this care, and you or a loved one is injured, you may have grounds for a legal claim. Egolf + Ferlic + Martinez, LLC is here to help residents in our community after they suffer from nursing negligence. Contact us today for more information.