When people think of medical malpractice, they often picture doctors or surgeons. But in Florida, nurses can also be held liable for medical negligence. If a nurse’s mistake leads to injury or harm, the victim has the legal right to file a medical malpractice lawsuit under Florida law. This blog explains when you can sue a nurse for malpractice, the legal standards involved, and what steps you need to take to pursue a claim.
When Is a Nurse Liable for Medical Malpractice?
Under Florida law, a nurse may be liable for malpractice when their actions (or inactions) fall below the professional standard of care expected of a reasonably prudent nurse under similar circumstances, and that breach causes injury to a patient.
Common situations that may give rise to a nursing malpractice claim include:
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Improper administration of medication
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Failure to monitor or assess a patient’s condition
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Inadequate documentation of symptoms or treatment
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Failure to notify a physician of critical changes in a patient’s condition
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Improper insertion or monitoring of IV lines
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Negligence during post-operative care or wound care
What Legal Standard Applies to Nurses?
In Florida, nurses—like doctors and other healthcare providers—are held to the “prevailing professional standard of care” under Florida Statute § 766.102. This standard refers to the level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar healthcare providers.
To succeed in a lawsuit, a plaintiff must prove:
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A nurse-patient relationship existed, creating a duty of care;
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The nurse breached that duty by failing to meet the standard of care;
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The breach caused harm or injury; and
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Damages resulted from the injury (such as medical expenses, pain and suffering, or lost income).
Can You Sue the Hospital or Employer Too?
Yes. In many cases, the nurse is employed by a hospital, clinic, or surgery center, and their employer may be vicariously liable for their negligence under a legal theory known as respondeat superior.
Additionally, if the hospital contributed to the harm by failing to properly train, supervise, or staff its nursing staff, it may be directly liable for negligence.
Is This Considered a Medical Malpractice Case in Florida?
Yes. Claims against nurses for acts or omissions arising out of medical care or services fall under Florida’s Medical Malpractice Act, which includes several procedural requirements, such as:
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Pre-suit investigation and expert affidavit under Florida Statute § 766.203
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Notice of intent to initiate litigation
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Statute of limitations: Typically two years from when the patient knew or should have known that an injury occurred due to medical negligence (Fla. Stat. § 95.11(4)(b))
Because these rules are complex and strictly enforced, it’s crucial to consult with a Florida medical malpractice attorney early in the process.
Real-Life Example: Nursing Malpractice Case
Imagine a post-operative patient recovering in a Florida hospital. A nurse fails to check and document vital signs for several hours, missing signs of internal bleeding. The patient goes into shock and suffers permanent injuries. In this scenario, both the nurse and the hospital could potentially face liability for medical malpractice.
How a Florida Medical Malpractice Lawyer Can Help
If you or a loved one has been harmed due to a nurse’s negligence, an experienced Florida medical malpractice attorney can:
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Conduct a thorough case evaluation
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Retain qualified nursing experts to establish the standard of care
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Comply with all statutory pre-suit requirements
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File and litigate your claim to pursue maximum compensation
Conclusion
Yes, you can sue a nurse for medical malpractice in Florida—and you may also have a valid claim against the nurse’s employer. These cases are highly technical and fact-specific, and they require detailed legal and medical analysis. Don’t wait to seek legal advice if you suspect nursing negligence has caused you or your loved one harm.
Contact Us Today
If you believe you have a case against a nurse for medical malpractice in Florida, contact our office for a free consultation. We are here to help you get the answers—and compensation—you deserve.
Have you or someone you know been injured as a result of nursing negligence? Contact Florida Hospital and Medical Malpractice Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.
