Understanding Liability for Medical Student Negligence in Florida

Any health care professional can make a mistake, from primary care physicians and emergency room staff to nurses, specialty doctors, and surgeons. When these errors amount to negligence, patients may have a claim against the provider to recoup compensation for their losses. However, you may wonder how medical malpractice laws apply to medical students who have not yet earned their full credentials.

The truth is that there is a good chance you or a loved one will have a patient encounter with a student at some point. The Safety Net Hospital Alliance of Florida reports that there are seven teaching hospitals throughout the state, three of which are in Miami and South Florida. It is possible to bring a med mal claim if you were injured by a medical student, though the laws on liability and potential parties can be quite complex. A Florida medical malpractice lawyer can provide you with specific information, but some basics may be helpful. 

Overview of the Teaching Hospital Environment: Health care facilities throughout the US are continuously involved in training programs for medical students and interns. There is only so much a person can learn about their chosen medical field through books and in a classroom. Hands-on instruction and real-life experience are essential to prepare a medical student for graduation.

Facilities take many precautions and implement strict rules to monitor medical students and limit the extent to which they can participate in patient care. In some facilities, however, a student may not be supervised 100 percent of the time; in other cases, a supervising physician might sign off on medication or treatment for the medical student to handle. 

Common Mistakes by Medical Students: The limitations on and supervision of medical students reduce the likelihood that they will make errors in diagnosis, surgical mistakes, or writing prescriptions – but the risk is still there. There is a danger that an inexperienced medical student could make mistakes that go uncorrected by a supervisor, including the following:

• Providing an incorrect dose of medication dosage;
• Administering the wrong drug;
• Misreading or misunderstanding a medical chart, especially related to the patient’s medical history and allergies; or
• Failing to follow the instructions of a supervising physician.
  

Legal Liability for Medical Student Negligence: While it is possible to sustain a medical malpractice claim against a student, there are other theories of liability that put the focus on individuals or entities that were also negligent in causing patient harm. Under the concepts of negligent supervision and vicarious liability, you may have a case against the supervising physician, teaching hospital, or other health care facility responsible for the medical student. 

Learn More About Your Rights from a Florida Medical Malpractice Lawyer

This overview may be useful, but it also points out some of the complexities of Florida med mal laws when a medical student is involved with patient harm. For more information about your legal options, please contact the Miami medical malpractice attorneys at Freidin Brown, P.A. to set up a free consultation at our offices.

When a Physician Error is NOT Medical Malpractice