Nurses do more than assist; they represent the bridge between the patient and recovery. Every action they perform, from administering medication to monitoring vital signs, can make a crucial difference. For this reason, when an error occurs due to carelessness or negligence, the consequences are often severe.
When a nurse fails to exercise the level of care required by the profession, victims have the right to seek justice and compensation. However, to move forward in that process, it is essential to have an attorney who thoroughly understands medical negligence cases, as they are far from simple.
What is Nursing Negligence?
Nursing negligence occurs when a nurse fails to demonstrate the care, attention, or diligence that the profession demands. Negligence is not limited to an unintentional error of commission; it also includes acting carelessly or recklessly, causing physical, emotional, or even fatal harm to the person under their care.
In Texas, the standards of practice are clear: medications must be administered correctly, vital signs must be monitored, effective communication with the medical team must be maintained, and hygiene protocols must be followed.
Nursing negligence not only compromises the patient’s physical health but also destroys their trust in the medical system. For this reason, Texas law grants victims the right to file a claim to obtain justice and compensation for the damages suffered.
Types of Nursing Negligence
Nursing negligence takes many forms. Understanding them will help you identify when negligence exists.
Medication errors
Many nurses administer the wrong medication, incorrect dosages, or give them at improper times. These mistakes can cause deadly side effects, severe complications, or even death.
Lack of supervision
When a patient is in critical condition, a nurse must remain constantly vigilant. Failing to report changes in the patient’s status, or neglecting to record and track vital signs, delays the proper medical response and endangers the patient’s life.
Improper use of medical equipment
A nurse who mishandles medical devices, such as ventilators, infusion pumps, or cardiac monitors can compromise therapy and cause dangerous errors that place the patient’s health at serious risk.
Failures in communication and documentation
Inadequate or incomplete medical record documentation increases the risk of diagnostic confusion. Likewise, failing to transmit relevant information to the medical team interferes with appropriate treatment.
Infections and contamination
Nurses who fail to adhere to hygiene, sterilization, or protective equipment protocols, such as wearing gloves and gowns, expose patients to hospital-acquired infections. In Dallas, medical facilities must enforce strict protocols to prevent them.
Failure to follow physician’s orders
If a nurse fails to follow medical instructions due to carelessness or lack of knowledge, it constitutes negligence. Noncompliance can range from not administering a prescribed medication to neglecting an ordered procedure.
Abuse or mistreatment
In the most extreme cases, some nurses engage in verbal, physical, or psychological abuse toward patients. Such practices are intolerable and must be reported immediately.
Types of Nursing Negligence
Each nursing category in Texas carries specific obligations, though all revolve around the principle of ensuring safe and competent care.
- CNA (Certified Nursing Assistants): Assist with basic tasks and must report any changes in the patient’s condition.
- LVN (Licensed Vocational Nurses): Administer medications under supervision and follow medical orders precisely.
- RN (Registered Nurses): Supervise support staff, conduct clinical assessments, and respond to emergencies.
- APRN (Advanced Practice Registered Nurses): Hold greater autonomy, prescribe treatments, and assume broad legal responsibilities.
Consequences of Nursing Negligence
Nursing negligence generates devastating consequences that include:
- Permanent physical damage
- Worsening of pre-existing conditions
- Prolonged hospitalization
- Pain and emotional suffering
- Loss of trust in the healthcare system
Many patients and families must face additional medical expenses, loss of income, and the need for long-term therapies. If negligence causes the patient’s death, the family has the right to file a wrongful death claim.
Who is Liable in a Case of Serious Injury Due to Nursing Negligence?
In a case of nursing negligence, liability does not always rest solely with the nurse. Other parties may also be responsible, including:
- The hospital or clinic that failed to properly train its staff.
- The supervising physician who did not provide clear instructions.
- The healthcare facility administration that neglected to maintain safety protocols.
Texas law recognizes shared liability. You may file a claim against multiple parties in the same case. A specialized attorney will help you identify those responsible and design the most effective legal strategy.
Compensation in a Nursing Negligence Case
In Texas, you may seek financial compensation if you suffer a serious injury due to nursing negligence. This compensation is intended to restore, as much as possible, your quality of life and that of your family.
Compensation may include:
- Past and future medical expenses: Hospitalization, surgeries, medications, therapies, and additional care.
- Loss of income: Both Wages lost during recovery and long-term loss of earning capacity.
- Pain and suffering: Compensation for the physical and emotional impact.
- Psychological damages: Anxiety, depression, or post-traumatic stress disorder resulting from the event.
- Punitive damages: In cases where negligence was especially severe or involved bad faith.
Texas sets a legal cap on certain non-economic damages in medical negligence cases. This limit does not affect direct medical expenses but does restrict the amount recoverable for pain and suffering. For this reason, you need an experienced attorney to calculate damages and maximize the possible compensation.
How Can a Nursing Negligence Lawyer in Dallas Help You?
If you face a nursing negligence case without legal support, you will find yourself at a disadvantage. Hospitals and insurance companies have legal teams whose goal is to minimize their liability. A specialized attorney in Dallas levels the playing field and protects your rights.
An attorney can assist you in the following ways:
- Evaluate your case and determine if a claim is viable.
- Gather medical evidence and witnesses.
- Consult experts to support the negligence claim.
- Identify all responsible parties.
- Negotiate with insurance companies or take the case to trial.
By working with a specialized attorney in Dallas, you increase your chances of receiving fair compensation and ensuring that those responsible face the consequences of their actions.
Nursing negligence is a serious problem, with repercussions that extend beyond physical health. In Dallas, you and your family do not have to face this situation alone. Attorney Javier Perez, “Nuestro Campeón”, offers his experience to defend your rights and fight for the compensation you deserve.