A nursing error can affect a patient’s health in minutes. If a nurse misses a serious symptom, gives the wrong medication or fails to provide required care, patients may wonder whether the mistake supports a medical malpractice claim.
When a nursing error may meet the negligence standard
Florida law treats nurses as health care providers for medical negligence claims. A patient generally must show that the nurse failed to provide the level of care that a reasonably careful nurse would provide in a similar situation. The patient must also show that the mistake caused an injury or made an existing condition worse. A poor outcome alone does not prove negligence.
Several nursing mistakes may raise concerns:
- Giving the wrong medication or dose
- Failing to monitor vital signs or other changes in a patient’s condition
- Failing to report a serious change in a patient’s condition to the treating physician
- Failing to carry out a physician’s order as directed
- Failing to respond to a known patient safety risk
Medical records and professional evaluations are the primary tools for assessing whether care fell below the required standard.
How a claim may be evaluated
Medical records can show what the nurse did, when the nurse acted and how the patient responded. Records may include medication logs, vital signs, nursing notes, treatment orders and discharge information. A qualified medical professional may also assess whether the nurse’s conduct met the required standard of care. Florida law sets requirements for testimony about medical negligence claims.
Timing also matters. Florida generally gives a patient two years to bring a medical malpractice claim after the patient discovers, or reasonably should have discovered, the injury. Certain exceptions can affect this deadline. Florida medical malpractice claims also follow special presuit rules, including a mandatory 90-day notice and investigation period, before a lawsuit can proceed. These requirements can affect the timeline and how a patient investigates and presents a claim. Understanding the deadline and presuit process early can help prevent avoidable problems.
A nursing mistake does not automatically create a malpractice claim. The key questions involve the care provided, whether it fell below the required standard and whether that failure caused harm. Reviewing those facts can help a patient understand whether the circumstances may support a claim.