If you have suffered harm due to nursing negligence in Florida, you are likely wondering if you can sue for nursing negligence if your Florida doctor was also at fault. You can pursue a lawsuit against the nurse, as both parties can share liability.
To succeed, you will need to establish that the nurse’s actions fell below the accepted standard of care and directly caused your harm, a task that requires legal guidance. At Anidjar & Levine, our Fort Lauderdale medical malpractice lawyer can help you.
The Role of Doctors in Florida Nursing Negligence Cases
When suing for nursing negligence in Florida, you’ll need to evaluate the doctor’s standard of care, as they set the benchmark for nurses’ actions.
Doctor’s Standard of Care
Your doctor has a significant impact on the quality of care you receive. Their performance directly affects your care expectations. In a nursing negligence case, the doctor’s standard of care is a factor in determining liability. Here’s what to know:
- The doctor’s standard of care is measured against what a reasonably prudent doctor would do in similar circumstances.
- This standard considers factors like the patient’s age, medical history, and current condition.
- The doctor’s adherence to established medical protocols and guidelines is also important in determining their standard of care.
Doctor’s Duty to Delegate
Doctors’ liability in nursing negligence cases is also tied to their responsibility to delegate effectively. When doctors delegate tasks to nurses or other healthcare professionals, they retain supervisory duties to guarantee that patient care meets the required standards.
If a doctor was overseeing a nurse’s care and that care led to negligence, you may be able to hold the doctor accountable through vicarious liability.
Establishing Liability for Nursing Negligence
When a nurse’s substandard care leads to a patient’s injury or death, establishing liability is important to holding the responsible parties accountable. To determine liability, you’ll need to examine the liability factors surrounding the incident.
These may include the nurse’s level of education, training, and experience, as well as their adherence to established standards of care. Negligence examples might consist of administering the wrong medication, misinterpreting test results, or failing to monitor critical signs.
You’ll need to show that their actions, or inactions, deviated from the accepted standard of care, resulting in your injury or loved one’s death. Your attorney will help you gather evidence and build a strong case against the liable parties. Our team will examine your case and determine if you can sue for nursing negligence in Florida if your doctor was also at fault.
Proving Causation in Nursing Negligence
You’ve established that a nurse’s substandard care led to your harm, but now you must prove that their actions or inactions directly caused your injury or your loved one’s death. Proving causation in nursing negligence can be challenging. You’ll need to show a direct link between the nurse’s negligence and your harm. Here’s what to consider:
- Temporal proximity: How close in time was the nurse’s action or inaction to your injury or loved one’s death?
- Logical connection: Was the nurse’s negligence a rational cause of your harm or your loved one’s death?
- Ruling out other factors: Did other factors contribute to your harm or your loved one’s death, or was it solely the nurse’s negligence?
- Expert testimony: Will medical experts testify that the nurse’s negligence led to your injury or loved one’s death?
Compensation You Can Recover After Suing for Nursing Negligence if Your Florida Doctor Was at Fault
When suing for nursing negligence in Florida, you’re entitled to recover economic and non-economic losses.
Economic Loss Recovery
If you’re seeking damages for nursing negligence in Florida, understanding economic loss recovery is important. This type of recovery focuses on compensating you for tangible, financial losses resulting from the negligence, such as:
- Medical expenses: You may recover costs for hospital stays, surgeries, and ongoing treatment related to the injury.
- Lost wages: If you’re unable to work because of the injury, you may be compensated for lost income.
- Rehabilitation costs: Expenses for physical therapy, occupational therapy, and other rehabilitation services may be recoverable.
- Out-of-pocket expenses: You may recover costs for prescription medications, transportation to medical appointments, and other out-of-pocket expenses related to the injury.
Non-Economic Damages
Pain and suffering can be a devastating consequence of nursing negligence in Florida. As a victim, you may be entitled to compensation for non-economic losses. These damages are subjective and can’t be easily measured, unlike economic losses.
Emotional distress, anxiety, and depression are all examples of non-economic damages. You may be awarded compensation for the emotional toll nursing negligence has taken on your life. It’s important to document your emotional state and any treatment you’ve received to support your claim.
Don’t underestimate the impact of non-economic damages on your overall well-being. A skilled attorney can help you through the process and increase the chances you receive the justice you need.
Handling the Challenges of Nursing Negligence Claims in Florida
Handling nursing negligence claims requires a thorough understanding of the legal framework governing these cases in Florida. You need to grasp the concept of nurses’ responsibilities and how they impact patient safety. Our team can help you understand more about the following:
- The Florida Nurse Practice Act outlines the scope of practice, including the standards of care and competencies required for licensed nurses.
- You must prove that the nurse’s breach of duty directly caused your injuries, which involves demonstrating a clear causal link.
Our team of lawyers can help you sue for nursing negligence if your doctor was at fault. We understand that the distinction between nurse negligence and doctor negligence can be confusing, and we are here to help answer any questions you have.
Learn More About Suing for Nursing Negligence if Your Doctor Was at Fault
You’ve established that both your doctor and nurse fell short in providing adequate care. Now, it’s important to understand that you can hold both parties liable for your injuries. By working with Anidjar & Levine, we’ll be able to understand the circumstances surrounding your case and determine the best course of action.
Contact us for a free consultation.
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