Compassionate Attorney Protecting Elders in New Mexico
We trust doctors and nursing home facilities to care for our loved ones when they need it most. Despite their training, medical professionals can—and do—make mistakes. The Albuquerque nursing home negligence lawyers at Parnall Law Firm, LLC understand the devastating impact that a medical mistake can have on your well-being or that of a loved one. We are prepared to fight on your behalf if you or someone you love was hurt because of medical malpractice at a licensed care facility. Contact our office to learn more about your rights and how we can help.
Medical Mistakes in Nursing Homes
Nursing home residents are under the professional care of staff and medical providers. When a resident enters a facility, the staff is required to conduct a thorough assessment of the resident’s health and implement a plan that provides each resident with the level of care he or she needs. New Mexico law requires that each resident receive periodic care from a qualified medical professional. A nursing home must also have the appropriate number of nursing staff available to treat all the residents under its care.
Medical providers, however, often make errors. While neglect, physical abuse, slip and falls, or financial exploitation may come to mind when we first think of nursing home negligence, medical malpractice is another facet that can and does happen. Medical staff members may misidentify a patient, administer the wrong drug or the wrong dosage, or misdiagnose a patient or delay in diagnosing a patient’s condition. When a medical mistake occurs, an already-vulnerable individual may face even more dire health consequences as a result.
Medical Malpractice is Negligence in Nursing Homes
Medical malpractice in nursing homes is negligence on the part of the health care provider and nursing home. A victim of neglect has the right to hold a licensed care facility, medical provider, or both liable for injuries caused by their careless actions.
In a medical malpractice claim, the victim must show that the provider owed a duty of care to the victim, breached the duty of care, and caused the victim’s injuries. Each physician or other medical provider has a duty to exercise the care that the ordinary doctor, with the same knowledge and skills, would use under similar circumstances. Expert testimony is required to determine what the standard is in each case. If the provider is covered under New Mexico’s Medical Malpractice Act, there may be some additional hurdles to filing a claim, such as a review of the claim by a legal and medical panel, but this should not stop a victim from pursuing a claim for damages.
The nursing home itself can be held liable for a medical provider’s actions under a theory of vicarious or indirect liability. An employer is indirectly liable for the negligence of its employees if the negligent acts occurred within the scope and course of employment. Even if a medical provider is not a direct employee of the nursing home, the facility may be directly liable for negligent hiring if it failed to conduct an appropriate review of the provider’s background and qualifications before hiring.
Compensation You May Pursue For Your Injuries
Potential damages for a victim of medical malpractice in a nursing home include compensation for any additional medical care or treatment, pain and suffering, and other damages. If your loved one died from a fatal medical mistake, you may be able to get compensation through a wrongful death claim. You must file your claim within three years from the date of the injury, or you risk losing your right to recover damages.
Representing Albuquerque Nursing Home Negligence Victims
At Parnall Law Firm, LLC, our New Mexico medical malpractice attorneys are prepared to assist you if you or a loved one is a victim of medical neglect at a nursing home. Bert Parnall and the rest of our staff have over a decade of experience representing the injured. We can review the facts of your case and provide an honest, knowledgeable assessment of your rights under the law. If we move forward as your attorneys, you can depend on our dedicated client service and effective advocacy to help you seek a satisfactory outcome for your or your loved one’s injuries. Please call us today at 505-268-6500 or complete our online form for a confidential consultation at no cost.