Table of Contents
Table of Contents
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.
You and your staff are simply the best. Jonathan I would like to say I proud of the manner in which you conducted yourself toward my family matter. You are my mentor and someone that I look up to. . . . I will always remember you and would highly recommend you to any family and friends. We appreciate everything you did for us. Staying with us. Being patient with us. And, most importantly believing in us. Our family will forever have a feeling of gratitude for all that you have done. I have tremendous respect and appreciation for Phil Freidin. He is a powerful and kind lawyer. He has proven to me that he genuinely cares about his clients; however, he is a force to be reckoned with in the conference and court rooms. Jonathan impressed me with his professionalism and expertise! Jonathan and Lizy handled my Medical Malpractice case with skill and secured a favorable outcome! They were responsive and kept me informed throughout my process. I highly recommend them to my Family and Friends! They were not even able to take on my case, but the person who did my intake and the lawyer I spoke to were incredibly validating, kind, and helpful. I appreciated the care and time they gave me even when I did not become a client. Jonathan, Phil, and the rest of the Freidin Brown attorneys were both professional and compassionate. They were always responsive to my family and me, and they have a deep dedication to their clients. I highly recommend the great lawyers at this firm! My experience with Freidin Brown was above my expectations. Philip Freidin took my case and settlement to finish line with amazing results. I highly recommend this Law Firm. Our family was referred to Freidin Brown by another attorney who could not handle our case and from day one we felt like we were in good hands. Johnathan Freidin was always available and willing to answer any questions we had. We are extremely happy with the results of our case and would recommend this team in a heartbeat. Had the pleasure of working with Andrew this year. He was very knowledgeable, but most importantly, he asked questions and listened to truly understand MY needs. Would definitely use this team again.
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.
