Generally, doctors, who lead the medical care team, are responsible for patient injuries. This general rule does not mean nurses are immune from negligent actions.
Especially in hospitals, nurses usually spend much more time with patients than their doctors. If the nurse fails to respond to an emergency, usually by asking for help or administering certain medicine, the nurse could be legally responsible for injuries. On a related note, nurses could also be responsible for medication errors. Something as simple as a misplaced decimal point, a common error after a long shift, could cause serious injury. Additionally, nurses are responsible if they knock equipment onto patients or injure them in similar fashion.
In some cases, doctors are legally responsible for nurse errors. That’s usually true if the doctor was physically present and the doctor could have prevented the negligent injury.
Doctors often try to blame negligent injuries on nurses. But at Freidin Brown, P.A., the buck stops here. Our Port St. Lucie nursing error lawyers never blame someone else for a mistake. Instead, we work diligently until we find a way to cure it. On the flip side, when we win cases, we never take sole credit. Every victory is a team effort, and our client is always the winner.
Evidence in Negligence Cases
These victories come when our team proves negligence, or a lack of care, by a preponderance of the evidence, or more likely than not. Internal investigation reports, medical records, and witness statements usually make up most of the evidence in a medical negligence case.
Most hospitals, clinics, and other institutions commission investigations when patients are negligently injured. These investigations are normally confidential. So, an attorney usually must obtain a court order to get copies of these reports. If a case settles too early, this critical bit of proof, and therefore maximum compensation, may be unavailable.
Mostly because of privacy laws, attorneys often need court orders to obtain medical records as well. These documents include critical diagnosis and treatment information. They normally also include patient care notes. Such notes firmly establish a noneconomic damages claim.
Especially in nurse malpractice cases, lay and expert witnesses are usually necessary. Lay witnesses, usually patients, family members, and other medical professionals who were there, simply testify about what they saw. Expert witnesses interpret these facts in the context of the standard of care.
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Defenses in Negligence Cases
Lack of evidence, mostly about future medical expenses, and assumption of the risk are the two most common defenses in medical negligence cases. A Port St. Lucie nursing error lawyer must be prepared to deal with these, and other, defenses.
We mentioned medical bills and expert witness testimony above. Usually, a combination of these two things establishes the need for future medical expenses. An out-of-court settlement must fully account for likely future medical bills, as well as probable future pain and suffering. Otherwise, the victim is financially responsible for these charges and receives nothing for pain and suffering.
Medical insurance companies routinely challenge the damages in this area. Only a solid, evidence-based claim withstands these challenges.
Most patients sign blanket liability waivers. These waivers usually don’t cover medical negligence. They only apply to surgical side-effects and other known risks. Negligence is an unknown risk.
Connect With a Hard-Hitting St. Lucie County Lawyer
Injury victims are entitled to substantial compensation. For a free consultation with an experienced Port St. Lucie nursing error lawyer, contact Freidin Brown, P.A. Virtual, home, and hospital visits are available.
