Miami Nursing Errors Lawyer
Nurses play a critical role in patient care. They are often the medical professionals who spend the most time observing a patient, monitoring vital signs, administering medications, responding to changes in condition, communicating with physicians, and providing hands-on care. When a nurse fails to recognize or respond appropriately to a patient’s changing condition, the consequences can be serious.
Nursing errors can contribute to falls, infections, medication-related injuries, pressure injuries, delayed treatment, neurological injuries, and other forms of preventable harm. In some cases, a failure to monitor or communicate a patient’s condition can allow a medical emergency to become substantially more serious before appropriate treatment is provided.
At Sotolongo Law, we represent patients and families in Miami who have suffered harm because of negligent medical care. Our goal is to help injured patients obtain the medical treatment, support, and compensation they need after malpractice has changed their lives. Miami nursing errors lawyer Pedro P. Sotolongo brings more than 20 years of medical malpractice experience to these cases, including five years representing medical providers and insurers on the defense side.
Nursing Errors and Medical Malpractice
Nurses work in demanding environments, and patients can experience complications even when appropriate care is provided. A malpractice claim requires evidence that the nurse failed to meet the applicable professional standard of care and that the failure caused injury.
Florida law defines the prevailing professional standard of care by reference to the level of care, skill, and treatment recognized as acceptable and appropriate by reasonably prudent similar health care providers. The patient bringing the claim has the burden of proving a breach of that standard and that the breach caused the injury.
The circumstances surrounding the patient’s condition are therefore important. A nurse caring for a critically ill patient may have different responsibilities from a nurse caring for a patient recovering from a routine procedure. The relevant question is not simply whether something went wrong, but whether the care provided fell below the applicable standard and caused additional harm.
Common Types of Nursing Errors in Miami
Nursing negligence can occur in many different forms. Some cases involve an isolated failure, while others involve a series of missed warning signs or communication failures.
Failure to Monitor a Patient
Monitoring is one of the most important responsibilities in nursing care. Nurses may be expected to check vital signs, observe symptoms, assess changes in a patient’s condition, and communicate significant developments to the appropriate medical provider.
A patient who is deteriorating may exhibit changes in blood pressure, heart rate, oxygen saturation, temperature, mental status, pain, or other clinical signs. When concerning changes are not recognized, documented, or communicated appropriately, an opportunity for earlier treatment may be lost.
This can be particularly serious when a patient is developing an infection, internal bleeding, respiratory distress, cardiac complications, neurological problems, or another medical emergency.
Failure to Respond to Changes in Condition
Recognizing a change in condition is only part of the responsibility. A nurse may also need to take appropriate action within the scope of the nurse’s role and promptly notify a physician or other qualified provider.
For example, a patient may develop worsening pain, confusion, difficulty breathing, a significant change in vital signs, or other symptoms that require escalation of care. If those changes are not appropriately addressed, the patient’s condition may deteriorate.
The consequences can include additional medical treatment, prolonged hospitalization, permanent injury, or, in the most serious cases, death.
Medication Administration Errors
Nurses are frequently responsible for administering medications ordered by physicians and other authorized providers. Errors can involve the wrong medication, wrong dose, wrong patient, incorrect route, or incorrect timing.
Medication errors may also involve failing to recognize or communicate an allergy, failing to administer a medication as ordered, or failing to respond appropriately after an adverse reaction.
Medication mistakes can cause serious harm, including overdose, dangerous bleeding, allergic reactions, respiratory problems, organ injury, or other complications. Whether a particular medication error amounts to malpractice depends on the circumstances and the applicable standard of care.
Failure to Prevent Patient Falls
Hospitalized and medically fragile patients may face an increased risk of falling because of weakness, medication effects, impaired mobility, confusion, neurological conditions, or other factors.
Nursing staff may have responsibilities relating to fall-risk assessment, appropriate monitoring, assistance with mobility, and implementation of safety measures. If a foreseeable fall occurs because appropriate precautions were not taken, the resulting injury may raise questions about whether the applicable standard of care was met.
A fall can result in fractures, traumatic brain injuries, spinal injuries, or other serious complications, particularly in older or medically vulnerable patients.
Failure to Prevent or Recognize Pressure Injuries
Patients who cannot move independently may be vulnerable to pressure injuries. Appropriate nursing care may include monitoring the patient’s skin and condition, repositioning when indicated, and implementing appropriate measures to reduce pressure-related injury.
A pressure injury can become serious if it is not recognized and treated promptly. Severe wounds can become infected and may require extensive treatment, hospitalization, surgery, or long-term wound care.
The existence of a pressure injury alone does not establish negligence. The relevant circumstances include the patient’s condition, risk factors, the care provided, and whether nursing care met the applicable standard.
Failure to Recognize Infection or Sepsis
Nurses are often among the first health care professionals to observe changes that may indicate an infection is worsening. Changes in temperature, heart rate, blood pressure, mental status, breathing, pain, or other symptoms may warrant further evaluation depending on the circumstances.
If concerning changes are not recognized or communicated appropriately, treatment may be delayed. A serious infection can progress and require intensive treatment, prolonged hospitalization, or ongoing medical care.
In these cases, establishing a potential malpractice claim may require examining what the nursing staff observed, what information was available, what was documented, and how the patient’s condition changed over time.
Communication and Documentation Errors
Nursing care does not occur in isolation. Nurses communicate with physicians, advanced practice providers, other nurses, therapists, pharmacists, patients, and families. When important information is not communicated accurately or promptly, the consequences can affect the patient’s entire course of treatment.
For example, a nurse may recognize a concerning change but fail to communicate it to the physician responsible for the patient’s care. Information may also be inaccurately documented or omitted from the medical record. During shift changes or transfers between departments, important information can be lost if it is not properly communicated.
Medical records can therefore be especially important in nursing malpractice cases. Documentation may establish what the nurse observed, what actions were taken, what was communicated to other providers, and when those events occurred.
Nursing Errors in Hospitals, Surgical Facilities, and Other Settings
Nursing errors are not limited to traditional hospital settings. Potential claims can arise from care provided in emergency departments, ambulatory surgical centers, rehabilitation facilities, nursing homes, outpatient facilities, and other health care environments.
The nature of the nursing responsibilities can differ substantially depending on the setting. A nurse assisting with postoperative care may have different duties from a nurse working in an emergency department or caring for a resident in a long-term care facility.
That distinction matters when evaluating the applicable professional standard. Florida law addresses the standard of care applicable to health care providers based on the provider’s role and the circumstances involved.
How Nursing Malpractice Claims Are Established
A nursing malpractice claim requires more than demonstrating that a patient experienced a poor outcome. The case must connect the negligent conduct to the injury.
Medical records are often central to this process. Depending on the circumstances, relevant evidence may include nursing notes, medication administration records, vital-sign records, physician orders, laboratory results, imaging, incident reports, hospital records, discharge records, and documentation concerning the patient’s condition before and after the alleged error.
A detailed timeline may also be necessary. It can help establish when the patient’s condition changed, when nursing staff became aware of the change, what was documented, who was notified, what treatment was provided, and whether the patient’s condition worsened while appropriate intervention was delayed.
Medical experts are needed to explain whether the nursing care met the applicable professional standard and whether a departure from that standard caused the patient’s injury. Florida’s medical malpractice presuit statute requires a claimant to conduct an investigation establishing reasonable grounds to believe that a prospective defendant was negligent and that the negligence caused injury, supported by a verified written medical expert opinion.
The Importance of Medical Malpractice Legal Experience
Nursing cases can involve complex medical questions. Understanding a patient’s vital signs, laboratory results, medications, treatment plan, medical history, and subsequent complications may be essential to understanding how the injury occurred.
Pedro P. Sotolongo’s experience includes five years representing defendants in medical malpractice cases before he began representing injured patients. That background gave him firsthand experience with how hospitals, medical providers, insurers, and defense counsel analyze medical records and respond to allegations of negligence. Today, that experience is directed toward advocating for patients and families who need help dealing with the consequences of negligent medical care.
Every personal injury case has a medical component. Understanding that medicine can make a significant difference when evaluating the nature and extent of a patient’s injuries and the care they may need in the future.
Helping Patients Recover From Nursing Errors in Miami
The legal case is only one part of what happens after negligent nursing care causes an injury. A patient may need additional hospitalization, surgery, rehabilitation, medication, physical therapy, home health care, or long-term assistance.
Some injuries may affect a person’s ability to work or care for family members. Others may create permanent limitations that require continuing medical treatment and support.
At Sotolongo Law, our role is to advocate for the injured patient and pursue the compensation needed to address those consequences. We work to understand not only what happened medically, but also how the injury has affected the patient’s life and what may be required for recovery and future care.
As a boutique Miami firm, we provide personal attention while taking on defendants that may have substantial resources, including hospitals, health systems, medical facilities, insurers, and other powerful organizations. Our approach is grounded in our guiding principle, “Because We Care®.”
Florida Presuit Requirements for Nursing Malpractice
Florida law requires specific steps before a medical malpractice lawsuit can be filed. After conducting the required presuit investigation, a claimant must provide notice of intent to initiate litigation to each prospective defendant.
Florida law also requires an authorization for release of protected health information to accompany the presuit notice. The statutory process can be important in nursing malpractice cases because medical records are often necessary to establish what the nursing staff knew, what they did, and how the patient’s condition developed.
Because these requirements must be satisfied before litigation, someone who believes negligent nursing care caused an injury should not wait unnecessarily before seeking legal advice.
Frequently Asked Questions About Nursing Errors
Can a nurse be held responsible for medical malpractice?
A nurse may be liable when the nurse’s conduct falls below the applicable professional standard of care and causes injury. The facts must be evaluated to determine the nurse’s responsibilities, what occurred, and whether the conduct caused the patient’s harm.
What are some serious injuries caused by nursing errors?
Depending on the circumstances, nursing negligence can contribute to falls, traumatic brain injuries, infections, pressure injuries, medication-related injuries, neurological injuries, complications from delayed treatment, and other serious conditions.
What if a nurse failed to notify a doctor about my worsening condition?
A failure to appropriately communicate a significant change in a patient’s condition may be relevant to a malpractice claim. The analysis depends on what the nurse knew or should have recognized, what communication was required under the circumstances, what happened afterward, and whether the delay caused additional injury.
Can a hospital be responsible for a nursing error?
Legal liability depends on the circumstances, including the relationship between the nurse and facility, the conduct involved, and applicable Florida law. A case may involve claims against an individual health care provider, a facility, or multiple parties.
What should I do if I believe nursing negligence injured me?
Your immediate priority should be obtaining appropriate medical care for any ongoing injury or complication. Keep copies of your medical records and other documentation and consider speaking with a Florida medical malpractice attorney promptly. The presuit process and applicable legal deadlines can affect your ability to pursue a claim.
Contact Sotolongo Law for a Free Consultation
If you or a family member suffered an injury because of negligent nursing care, Sotolongo Law can help you understand your legal options. We will work to protect your interests and pursue the medical care, support, and compensation you may need after nursing negligence has caused harm.
Sotolongo Law also caters to Spanish-speaking clients and families, including members of Miami’s Cuban, Venezuelan, Nicaraguan, Argentinian, and broader Latin American and Hispanic communities.
Contact Sotolongo Law for a free consultation. We handle medical malpractice cases on a contingency-fee basis, so you pay no attorney’s fee unless we obtain a recovery for you.
Because We Care®.