Are nursing home cases considered medical malpractice?

 

A: The short answer is possibly. A nursing home case may be considered medical malpractice case. However, an injury received in a nursing home may also just be the result of ordinary negligence. A nursing home case may also be based on a combination of both medical malpractice and ordinary negligence.

Medical malpractice is a category of negligence, and no rigid line separates medical malpractice from ordinary negligence. A claim involving negligent conduct that bears a substantial relationship to the rendition of medical treatment by medical professional would be considered a medical malpractice claim. Medical malpractice cases usually involve medical treatment, diagnosis, or other scientific matters.

Examples of nursing home cases that were found to be medical malpractice include the following:

• A nursing home's failure to prevent a resident from falling and breaking his hip.
• A nursing home's failure to provide specialized handling and care pursuant to a doctor's orders.
• Claims involving how often an at-risk resident needs to be turned, whether the resident is at risk for pressure sores, and the proper treatment of pressure ulcers.

Examples of nursing home cases that were found to be a case of ordinary negligence include the following:

• A nursing home resident who was scalded while being bathed.
• Failure of non-medical personnel to provide basic services that are routine and non-medical.
• Claims involving basic care, under staffing, or lack of training.

The distinction between medical malpractice and ordinary negligence depends on the facts of each individual case and turns on whether the acts or omissions complained of involve a matter of medical science requiring specialized skills or whether the conduct complained merely involves matters that can be assessed by a jury based on common everyday experiences. Of course, as seen in the examples above, it is not always an easy task to make that distinction.