If a nurse’s negligence causes harm to a patient, compensation is available through a Florida medical malpractice claim. When a nurse fails to follow accepted medical standards and a patient suffers injuries, Florida law allows the injured party to pursue a payout for a range of costs and losses, such as care expenses, lost income, and future medical expenses.
Nurses play a key role in patient care by administering medications, monitoring vital signs, assisting with treatment, and helping doctors communicate with their patients. However, this also puts a lot of responsibility on these care providers to ensure they are following the necessary protocols and accepted practices at all times. If you believe a nurse failed to do so and caused your injuries, discuss your options with a Florida medical malpractice lawyer as soon as possible.
What Are The Recoverable Damages In A Florida Nursing Negligence Case?
You can recover both economic and non-economic damages in a Florida nursing negligence malpractice case. This could include money to cover costs such as:
- Medical expenses, including past and future costs resulting from the negligence
- Lost income for your missed work and reduced earning potential if you are unable to return to work
- Pain and suffering for physical suffering, emotional pain, and other intangible losses
- Loss of independence or the ability to participate in your usual activities
- Wrongful death damages if a loved one died from nursing negligence injuries
Who Is Liable For Nursing Negligence?
Nursing negligence happens in hospitals, nursing homes, urgent care centers, surgical centers, and private practices. These mistakes can cause serious injuries, and victims have the right to hold the responsible parties accountable under Florida Statute § 766.102.
Liability for nursing negligence depends on the nurse’s employment status, the nature of the error, and the circumstances that led to it. Sometimes, more than one party is legally responsible for the damages in these cases. Some possible liable parties include:
- An individual nurse who failed to follow established protocols or procedures
- Hospitals or medical facilities, when the nurse is an employee acting within the scope of their duties
- Physicians or supervising care providers who failed to properly oversee the nurse or ignored reports of a possible problem
- Nursing homes or other long-term care facilities, if negligence occurred because of understaffing, overcrowding, lack of supervision, poor training, or failure to enforce safety procedures
Determining liability in a nursing negligence case requires a thorough review of your medical records, employment contracts, and hospital policies. Our attorneys can help identify all possible defendants in your case.
How Does Nursing Negligence Cause Injuries?
There are many causes of nursing negligence, from failure to follow protocols to inadequate training to understaffing. Common examples of negligence include:
- Medication errors, such as giving the wrong medication or dosage or failing to confirm allergies
- Failure to monitor the patient or not reporting changes in a patient’s condition
- Improper use of medical equipment, which leads to injuries or complications
- Falls or injuries from lack of supervision, especially in elderly or post-operative patients
- Infections caused by poor hygiene, failure to follow procedures, or neglecting wound care
- Delayed response to emergencies, including failure to call a physician when necessary or initiate appropriate treatment
Nurses are responsible for a number of key tasks for patients, often more than doctors. When they act negligently, it can cause serious harm, including brain injury, stroke, heart attack, sepsis, permanent disability, or death. Our attorneys believe in fighting for justice by holding a nurse or their employer legally accountable.
Building a Florida Malpractice Case Based on Negligent Nursing
Legal standards require victims to prove that their cases meet certain standards in order to hold a liable party accountable for medical negligence or malpractice. There are stringent standards you must meet to recover fair compensation in these cases. This includes having evidence to show:
- A Duty of Care: The nurse had a legal obligation to treat you because you were a patient where they worked.
- Breach of Duty: The nurse failed to act reasonably and provide the same standard of care another nurse would in similar circumstances.
- Causation: The breach caused your injury or significantly contributed to it.
- Damages: The patient suffered physical, emotional, or financial harm as a result.
Florida law requires you to hire a medical expert to review the case and provide a sworn affidavit confirming malpractice. This affidavit must be included with the pre-suit notice sent to the healthcare provider that begins the mandatory 90-day presuit investigation. This is an essential step your team must take before they file a medical malpractice lawsuit.
Ensure You Act Quickly To Protect Your Right To Sue
Under Florida Statutes § 95.11, Florida has a strict deadline for beginning medical malpractice lawsuits. Usually, the statute of limitations is two years from the time the injury occurred or was discovered. However, numerous exceptions and caveats exist. These deadlines can be difficult to determine without help from an attorney.
The medical malpractice process created under Florida law is complex and challenging to navigate on your own. You must understand the necessary procedures and know how to meet the strict requirements to protect your right to sue and hold the liable party or parties accountable.
It’s important to act quickly to protect your rights and conduct timely investigations. Our attorneys can go to work immediately to preserve evidence, hire qualified medical experts, and begin developing a strong case for compensation.
Talk to Our Medical Malpractice Team About Your Nursing Negligence Injuries
Our team at Anidjar & Levine will review your case with you for free. If you believe you or a loved one suffered an injury caused by a nurse’s negligence, you can learn how a Florida medical malpractice lawyer from our team can help you get justice. Contact us to discuss your options with our team for free.
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