Key Factors Affecting Damages in Florida Nursing Error Cases

Nurses are charged with a wide array of tasks in the hospital, clinical, and assisted living environments, so the potential for errors is cause for concern. Researchers have identified the seven most common mistakes made by registered nurses (RNs), licensed practical nurses (LPNs), certified nursing assistants (CNAs), and many other nurse professionals. They primarily involve patients who suffer harm from falls, health care acquired infection (HAI), medication mistakes, documentation errors, and faulty equipment. You could suffer serious injuries from nursing errors, and many of these incidents can even be fatal.

Florida medical malpractice laws do apply to nurses in the same way as other health care providers, focusing on the standard of care and whether the nurse departed from it. You may be entitled to damages for medical costs, pain and suffering, emotional distress, and many other losses. A Miami nursing errors lawyer will guide you through the legal process, though it is helpful to know the factors that may impact compensation in these cases.

 Strength of Evidence on Fault 

The standard of care is important for nursing errors cases because it relates to fault. You must show that the nurse did not provide care in accordance with what other nursing professionals, with the same level of care, training, and education, would have provided under the same circumstances.

 Economic Damages 

Though you may have strong evidence of fault, you must still show how you were harmed by a nursing error. One component of your damages pertains to your financial losses, including:

• Medical bills for treatment
• Lost wages, if you were unable to work because of your injuries
• Any out-of-pocket costs you expended for treatment

Receipts and invoices serve as useful proof for economic damages, so these documents will affect your compensation.

Proof of Noneconomic Damages 

Another aspect of compensation is how injuries from nursing errors affect your quality of life. Many people use the term “pain and suffering” to refer to noneconomic damages, but this category also includes emotional distress, scarring and disfigurement, and other forms of harm. Your compensation will be affected by such evidence as medical records and input from medical experts.

Multiple Potential Parties 

Damages in a nursing errors case may also depend on the number of parties that could be to blame for your injuries. In addition to the nurse who treated you, you may pursue his or her employer under the theory of vicarious liability. It is also possible that the nurse was working under supervision of another health care provider who was negligent. Your compensation could be affected in situations where you might not recover sufficient damages by only pursuing the nurse. It might be advisable to seek compensation from a hospital, clinic, or physician.

 A Florida Nursing Errors Attorney Can Provide Additional Details on Compensation 

Knowing the factors that impact damages in a med mal case is useful, but you can rely on our team at Freidin Brown, P.A. to handle the details. To learn how we can assist with the legal process, please contact our offices in Miami or Fort Myers, FL to set up a free consultation.

Source:

journals.lww.com/nursingmadeincrediblyeasy/fulltext/2013/03000/how_to_avoid_the_top_seven_nursing_errors.4.aspx