CARSON CITY, Nev. (Legal Newsline) – Jurors don’t need a medical expert to decide whether a nurse was negligent when she gave a patient what turned out to be a fatal dosage of morphine that was supposed to go to a different patient.
In reaching that decision, the Nevada Supreme Court on July 9 kept going part of a wrongful death lawsuit against Life Care Center of South Las Vegas and affiliated entities. The nursing home is charged with negligent hiring and retention of the nurse who gave Mary Curtis a fatal dose of morphine.
“The mistaken administration of another patient’s morphine in this case constitutes ordinary negligence that a lay juror could assess without expert testimony, and a claim predicated solely upon such ordinary negligence is not subject to (a) medical expert affidavit,” Justice Abbi Silver wrote.
But the trial court was right to grant summary judgment on all other allegations regarding the failure to monitor, as those allegations challenge Life Care Center’s medical judgment.
A nurse gave Curtis 120 milligrams of morphine that was supposed to be for a different patient. Though she was administered Narcan following the mistake and seemed alert, the next morning she was unresponsive.
Three days later at a hospital, she passed away. Morphine intoxication is listed as the cause of death.
A lawsuit followed. Nevada law requires plaintiffs in medical malpractice lawsuits to provide a supporting medical expert affidavit that says the defendant breached the standard of care.
Curtis’ estate did not file an expert affidavit though, which is why it lost the medical negligence claims.
But negligent hiring and supervision claims escape the requirement when the facts do not fall within the definition of professional negligence.