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Who Are Potential Parties In A Florida Nursing Errors Claim?


There is no doubt that nurses are among the hardest working staff members at any Florida hospital, clinic, or health care facility. They take on important responsibilities and play an essential role with patient care. Still, nurses are held to certain standards just like other health care professionals, and failure to provide adequate care can result in harm to patients that may be actionable in a medical malpractice claim. Any individual licensed under the Florida Nurse Practice Act is subject to the medical negligence statute, which establishes the standard of care for nursing errors.

A nurse could be liable for delivering treatment that deviates from what another nursing professional in the same situation would provide. A Miami nursing error attorney can explain details, though an overview of laws is also informative. 

Potential Parties in a Nursing Errors Case 

Losses from a nursing error may be extensive, and could include medical costs, pain and suffering, emotional distress, and related forms of compensation. When a nursing error results in patient harm, other parties could be directly or vicariously responsible for the medical negligence, such as:

  • Hospital as Employer: When a hospital facility and nurse have an employer-employee relationship, the hospital may be responsible for the nurse’s actions under the concept of vicarious liability, a legal term that allows an employer to be held responsible for the negligence of an employee who is working within the scope of employment.
  • Other Health Care Facilities: Vicarious liability principles also apply when a nurse is employed by a medical clinic, private practice, or assisted living center.
  • Nurse Staffing Companies: Some health care facilities rely on staffing companies to fill their needs, and the arrangement between the parties is contractual in nature. Therefore, there is not an employer-employee relationship between the nurse and the facility – but there may be one between the nurse and staffing company.
  • Physicians: A doctor may also be legally responsible if the nurse’s mistake would not have happened with proper supervision. Alternatively, some physicians entrust tasks to nurses that should only be performed by a licensed medical doctor. In these scenarios, the physician could be accountable for negligence.

A Florida Nursing Errors Lawyer Can Explain More About Liability 

This summary of potential parties in a Florida nursing errors claim is useful, but it is still wise to retain skilled legal counsel for help with the process. To learn how we can support your needs, please contact Freidin Brown, P.A. We can set up a free consultation at our offices in Miami or Fort Myers, FL to discuss our services.



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