What to Know About Filing a Malpractice Claim Against a Nurse in Florida
When you visit a doctor’s office or go to a hospital, leaving with a new illness or injury is the last thing on your mind. Unfortunately, that happens more often than many people realize. While issues involving medical malpractice are often associated with doctors, nurses can also be held liable for not performing their tasks correctly or being negligent on the job.
If you or a loved one has fallen victim to medical malpractice at the hands of a nurse, you’ll be relieved to know that you may be able to hold the nurse liable with the help of a trusted medical malpractice lawyer in Gainesville, FL. In fact, many nurses carry malpractice insurance specifically for this reason.
Keep reading to learn more about how you can file a malpractice lawsuit.
What is Malpractice Insurance?
No matter how long a nurse has been on the job, there is always a chance that a mistake could occur. Malpractice insurance was designed to protect doctors and nurses from claims that their care has resulted in a patient’s injury and/or death.
Are Nurses Legally Required to Have Malpractice Insurance in Florida?
It’s important to keep in mind that malpractice law varies from state to state. In the state of Florida, whether or not nurses are legally required to have malpractice insurance depends on the kind of nurse they are. Please note that CNAs cannot purchase malpractice insurance. According to Florida malpractice laws, all APRNs practicing in the state must have malpractice insurance unless they are eligible for an exemption based on the guidelines set forth by the Florida Board of Nursing.
When Can You Sue A Nurse for Medical Malpractice?
Understanding your rights as a patient is an important part of knowing what your options are if you feel that you are a victim of medical malpractice. In order to file a malpractice lawsuit against a nurse in Florida, you must be able to prove the following four elements:
- The nurse is the direct cause of the injury or death
- The nurse did not follow the accepted standard of care
- The nurse did not uphold their duty to properly care for the patient
- The damages caused to the patient are a direct result of the injury or illness they accuse the nurse of causing
A medical malpractice lawyer will be able to help you gather evidence for your case and present the information on your behalf.
Common Reasons Nurses are Sued for Malpractice
There are many reasons that a patient may file a medical malpractice lawsuit against a nurse. Below are some of the most common reasons, but keep in mind that damages, either serious injury or illness, must have been caused by the alleged malpractice:
- Misuse of medical equipment
- Improper documentation and/or communication regarding a patient’s health
- Not calling for a doctor when necessary
- Prescribing the wrong medication(s)
- Not responding to the patient in a timely manner
- Failing to supervise a patient.
Seek Help From an Experienced Legal Professional
If you think you may have grounds to sue a nurse for malpractice, the first thing you should do is contact a malpractice lawyer. It’s important to note that the state of Florida has a two year statute of limitations for filing malpractice claims so you want to begin the process sooner rather than later. If you’d like more information on a potential malpractice claim, contact us today to set up a free consultation.