Whenever you feel ill, are injured, or are diagnosed with an illness or disease, you put your trust in the medical professionals caring for you. You trust that they diagnosed you correctly, will give you the correct treatment, and will not take any actions that result in more pain or injury. What happens when that trust is broken? What happens when the healthcare professional you trusted does something that worsens your existing condition or gives you a new injury to deal with? Unfortunately, these are questions that must be answered when medical negligence occurs. For most people, the answers are confusing and complex. Without a medical or legal degree, they must continue to trust others to help them understand what has happened and what their options are. At Erin Marshall Law, we understand how vulnerable, scared, and angry you may be feeling after a healthcare provider has been negligent in their care for you. Call (505) 218-9949 to schedule a consultation where we can review your case. Let us tell you how we may be able to help you move forward legally so you can move forward with your life.
What Is Medical Negligence?
The most basic definition of medical negligence is that it is a mistake that causes harm to a patient. However, that oversimplifies the matter, as it is not simply a mistake. Negligence in the medical world is when a healthcare provider’s actions or omitted actions fall below the standard of care and cause harm to their patients.
Examples of medical negligence include misdiagnoses, failure to diagnose, anesthesia mistakes, failure to perform or order appropriate medical testing, failure to obtain informed consent, incorrect treatment, botched surgery, improper prescribing or administration of medication, and improper use of medical devices. While people most commonly think of doctors or surgeons in relation to negligence, the provider may also be a nurse, physical therapist, physician’s assistant, mental health professional, hospital, or other licensed healthcare provider.
Difference Between Medical Errors, Negligence, and Malpractice
The difference between medical errors, medical negligence, and medical malpractice is a very fine line. In fact, it is such a fine line that many people need to consult with a medical negligence attorney to determine which kind of case they have or if they even have a case. Ultimately, the difference comes down to two factors: injury and intent.
Injury and Intent
The two factors that determine the difference between the three are injury and intent. If the error results in injury of some sort, then it is likely to be negligence or malpractice. If it does not result in injury of some sort, it is likely an error.
Intent refers to the provider’s intention when the error is made. If the error is unintentional, it could be either an error or negligence. Again, this will depend on whether the error resulted in injury. If the error is intentional, it is likely to be malpractice.
Medical Error
A medical error is one that does not contribute to or create an injury for the patient. For example, if a healthcare provider drew blood from the patient and the lab ran all the ordered tests using that blood, but also performed a test that had not been ordered, this would simply be an error. The blood was going to be drawn anyway, the extra test did not require extra blood, and the patient was not injured.
Another example would be if a patient has a headache and asks for some aspirin but is given ibuprofen instead. If the patient is not allergic to ibuprofen, this is an error. The patient was given a different medication than they requested, but it did not cause any injury. While medical errors do not rise to the level of negligence or malpractice, individuals can still be upset that they happened and should make the provider or the provider’s employer (in the cases of hospitals and clinics) aware of what happened so that providers can be more aware of their actions and avoid such errors in the future.
Medical Negligence
Medical negligence is an error that accidentally causes an injury to the patient. An example might be if a surgeon nicks a vein during surgery or a doctor fails to diagnose a stroke. These errors cause injury to the patient. A nicked vein causes the patient to bleed more than necessary and may require additional treatment as well as additional healing. Failure to diagnose a stroke means the patient may suffer more permanent damage than they might have if they had been quickly and properly diagnosed.
Because these errors cause an injury to the patient, they are not just a medical error. Because the provider accidentally or unintentionally caused the patient harm, it is considered negligence. If you believe that a medical provider made an unintentional error that caused you harm, an experienced medical negligence attorney with Erin Marshall Law may be able to guide you regarding your next steps.
Medical Malpractice
Medical malpractice is an error that causes the patient injury when the provider is fully aware of the potential consequences of their actions or omitted actions and chooses to do it anyway. Often, these cases result from a provider failing to follow proper protocols or guidelines. Examples might be if a surgeon fails to confirm which leg they are operating on and operates on the wrong leg or an obstetrician tries to speed up a complicated delivery and pulls or twists the newborn’s body and causes a spinal cord injury.
These errors cause injury to the patient, and they are intentional choices the provider makes. The surgeon is aware that protocol requires they confirm which body part they are performing surgery on and why they are performing the surgery, and that failure to do so means the possibility of performing the wrong operation or operating on the wrong body part. The obstetrician knows a newborn’s body is fragile and choosing to pull or twist the baby is likely to cause injury. In both instances, the provider is fully aware of the potential consequences of their choices and moves forward with those choices anyway. Their intention to move forward despite knowing there is a potential for harm, combined with the harm their action caused, makes these errors medical malpractice.
Medical Negligence Statistics
Medical errors, particularly those that rise to the level of medical negligence, create preventable adverse events. Adverse events are injuries caused by medical providers, and preventable adverse events are those specifically caused by medical error. An estimated 250,000 people die each year due to medical negligence in the United States. According to BreastCancer.org, Johns Hopkins published a study in 2016 that found preventable adverse events should be the third leading cause of death in the United States, with only heart disease and cancer having higher rates. The only reason that these events, or medical negligence, are not listed as a cause of death is because death certificates require that the cause of death be chosen from the International Classification of Disease code book, which does not list it as a cause of death.
This negligence does not just cause physical and emotional injury; financial injury also results from these errors. The National Library of Medicine reports that some experts believe these errors cost the healthcare system $20 billion per year, although other experts indicate that hospital-acquired infections alone cost the healthcare system $35 to $45 billion per year. Patients themselves drown in total national costs of between $17 and $29 billion per year for things such as lost income, disability, lost household production, and healthcare costs. Healthcare costs are more than one-half of those total costs for patients, according to another National Library of Medicine report.
Three True Stories of Medical Negligence in New Mexico
In a state where Healthcare Value Hub indicates that 66% of rural residents opt to forego receiving necessary medical care because they cannot afford it, medical negligence may seem even more egregious as the individual is often paying for this care from their own pocket. Additionally, they have likely overcome a number of obstacles to get such care, including transportation issues and overcoming feelings of doubt, fear, and distrust due to previous negative healthcare experiences. The following are just three of many stories of medical negligence in New Mexico.
Jane Doe in Albuquerque
An unnamed woman in Albuquerque, whom we will call Jane Doe, had a hysterectomy at the University of New Mexico Hospital (UNMH) in 2021, per KOAT Action News. When the hospital discharged her to go home, she was in more pain than she was prior to the surgery. Doctors told her this was normal and that she did not need to worry, so she went home. Two days later, Jane saw something blue sticking out of her genitals. She immediately called her doctor, who requested that she send a photo of the blue object via email. Jane felt violated and humiliated at the idea of doing this, but she did it because she wanted answers.
After viewing the photo, the doctor told her to go to the emergency room immediately. When she did, the emergency room doctor examined her and found a blue suction bulb from the surgery had been left inside her. The doctor then proceeded to yank the bulb out. Jane’s lawyers contend that her doctors were reckless and disregarded Jane’s safety and well-being. The lawsuit is still ongoing.
Armando Graham in Rio Rancho
Armando Graham is a Rio Rancho resident and Air Force veteran who was diagnosed with prostate cancer, according to KRQE News. In April 2019, he was admitted to Presbyterian Rust Medical Center for surgery for his cancer and released three days later. When he was discharged, he complained of pain from the surgery, but his complaints were disregarded and ignored by the hospital and staff. At some point, he saw another doctor who found a tear that the medical providers at the hospital did not catch which was causing him to experience complications.
Since that discovery, Armando has had to have an additional 17 surgeries to try to correct the damage done to his body. He now requires mechanical appliances to make certain parts of his body function properly, and cannot stand up straight under any circumstances due to scar tissue that grew down and hardened his abdomen. At the time the jury found the hospital liable and awarded Armando $22.7 million, he still needed another surgery. He also had more than $800,000 in medical debt as a result of the hospital’s negligence.
Jamie Sams in Albuquerque
Jamie Sams, author of books on spirituality, went to Santa Fe’s Christus St. Vincent Medical Center in February 2016. Jamie suffered from Dercum’s disease, a chronic condition characterized by pronounced burning and searing pains in adipose tissues in the body, according to the National Institutes of Health. Jamie informed hospital staff that she was allergic to Dilaudid, an opioid used to treat severe pain. The first act of negligence by the hospital was when they administered Dilaudid via IV after she had informed them of her allergy.
The administration of the Dilaudid resulted in an allergic reaction which caused Jamie to go into cardiac arrest. This is when the second act of negligence took place. Jamie had a do not resuscitate order (DNR), and was wearing a purple bracelet indicative of her desire not to be revived which was placed on her wrist by the hospital itself. The hospital resuscitated her anyway, and she was left with limitations and severe pain as a result. Fox40 News indicated that Jamie was seeking an unspecified amount of damages. The first trial resulted in a mistrial, and Jamie passed away in 2020 before the case could be retried.
How a New Mexico Medical Negligence Attorney Can Assist You
Seeing a healthcare provider, whether you are healthy and trying to stay that way or already suffering, should never result in more pain and suffering. If you sought medical care and a medical error made your condition worse or created a new injury, a compassionate and skilled medical negligence attorney with Erin Marshall Law may be able to offer advice about whether you have a claim and how you might move forward with such a claim. Call (505) 218-9949 to schedule a consultation and continue this conversation.
