Nurse Malpractice Cases in Florida

Nurse Malpractice Cases in Florida – The Practical Outlook

date iconOctober 24, 2024

Nurse malpractice cases in Florida have become increasingly prevalent, raising concerns for both patients and healthcare providers. As frontline caregivers, nurses play a vital role in our health system, but when errors occur, the consequences can be devastating. This article explores what nurse malpractice is, explains the legal aspects involved, highlights notable cases, and 4 steps to take if you’ve become a victim of medical malpractice.

What Is Nurse Malpractice?

Nursing negligence happens when a nurse fails to perform their duties according to the accepted standard of care, harming a patient. It’s considered a form of medical negligence in Florida and often involves one or a combination of:

  • Administering incorrect medications or dosages that lead to severe complications.
  • Inadequate patient monitoring leads to missed symptoms or delayed treatment.
  • Poor communication among nurses and healthcare team members leads to mistakes.
  • Errors in documentation (inaccurate or incomplete records) resulting in improper care decisions.
  • Misusing operating equipment or maintaining medical devices.
  • Failure to report critical changes in a patient’s condition to physicians or advocate for necessary care.

The Legal Aspects of Nurse Malpractice Cases – Limitations, Negligence, & Damages

If you find yourself involved in a nurse malpractice case in Florida, you’ll need to navigate the legal landscape to seek justice; here’s what you need to know as the patient.

Statute of Limitations for Nurse Malpractice Cases

Florida sets a two-year statute of limitations for nurse malpractice cases, starting from when the malpractice was discovered or should have been discovered. Additionally, there’s a four-year statute of repose from the date of the incident, regardless of discovery, meaning no action may be brought more than 4 years from the date of the incident, as per Florida Statutes 95.11(4)(b).

Proving Negligence

To prove nurse malpractice, you must establish four key elements:

  1. The nurse had a duty to care for you.
  2. The nurse failed to meet the standard of care (breach of duty).
  3. The nurse’s actions or inactions caused you harm (causation).
  4. You suffered as a result of the nurse’s negligence (damage).

Potential Damages Recoverable

If you’re a victim in a nurse malpractice case, you may be entitled to economic and non-economic damages. What does this mean for you? Economic damages could cover your medical bills and lost wages, while non-economic damages might compensate you for pain and suffering. To give you an idea of potential compensation, in 2023, Florida saw 1,229 medical malpractice case payouts, with the average payment being $329,360 (Malpractice Search). While this figure includes all types of medical malpractice, not just nursing cases, it illustrates the significant financial impact these cases can have.

Notable Nurse Malpractice Cases in Florida

  1. Medication Error Case. At North Shore Medical Center in Miami, a nurse mistakenly injected a patient with Pancuronium (a muscle relaxant) instead of Pepcid (an antacid), resulting in the patient’s death. The nurse failed to read the label, scan the medication, or scan the patient’s ID bracelet.
  2. Failure to Monitor Case. In 2019, at HCA Florida Citrus Hospital, medical technicians failed to monitor the vital signs of a patient admitted with an irregular heartbeat, which led to their death. This case highlights the critical importance of proper patient monitoring by nursing staff.
  3. Communication Breakdown Case. A 2021 federal review of HCA Florida South Tampa Hospital found that a technician failed to report a significant change in a patient’s vital signs, leading to a serious adverse event. This case emphasizes the crucial role of effective communication in patient care.

4 Steps To Take if You Suspect Nurse Malpractice

If you believe you’ve been a victim of nurse malpractice in Florida, take these crucial steps:

  1. Keep detailed records of what happened, including dates, times, and names of involved parties.
  2. File a complaint with the healthcare facility and the Florida Board of Nursing.
  3. Seek immediate medical attention for any resulting injuries.
  4. Consult with an attorney experienced in nurse malpractice cases.

Act Now to Protect Your Rights

Don’t let a nurse malpractice case derail your life. At Personal Injury of Florida, we’re your dedicated allies in the fight for justice. With our expertise in medical malpractice, free consultations, and proven track record of success, we’re ready to champion your cause. Time is critical, so act now by calling us at 561-507-5700, 24/7 or using our contact form to email us.