IV infiltration injuries—when IV fluids or medications inadvertently leak into surrounding tissue—can lead to severe complications such as nerve damage, necrosis, or compartment syndrome. For victims in Florida, proving that a hospital or medical provider was negligent in causing or failing to respond to an IV infiltration requires more than just medical records and photographs. It requires the testimony of an expert witness. Here’s why expert witnesses are essential in IV infiltration malpractice cases under Florida law.
Understanding the Legal Standard: Florida’s Medical Malpractice Requirements
In Florida, medical malpractice cases must comply with the requirements of Chapter 766, Florida Statutes. Before filing suit, the plaintiff must conduct a presuit investigation and submit a verified written medical expert opinion (Fla. Stat. § 766.203). This affidavit must state that there is a reasonable basis to believe the defendant’s care fell below the prevailing professional standard.
The expert must be a licensed healthcare provider in the same or similar specialty as the defendant and meet certain qualifications under Fla. Stat. § 766.102.
The Role of Expert Witnesses in IV Infiltration Cases
1. Establishing the Standard of Care
An expert witness is needed to define what a reasonably prudent nurse, doctor, or healthcare provider should have done under similar circumstances. In IV infiltration cases, this often involves:
-
Proper IV site selection and monitoring
-
Timely recognition of signs of infiltration (swelling, pain, blanching)
-
Immediate removal of the IV and proper response protocols
-
Use of IV pumps, alarms, and hourly documentation
Without expert testimony, jurors may not understand whether the medical staff acted appropriately.
2. Proving Breach of Duty
Once the standard of care is established, the expert must explain how the medical provider breached that standard. For example:
-
Failure to routinely check the IV site
-
Ignoring a patient's complaints of pain
-
Continuing to infuse medication despite signs of swelling
The expert’s testimony helps connect these errors to the breach of duty under Florida malpractice law.
3. Demonstrating Causation and Harm
Expert witnesses must also link the breach to the injury. In IV infiltration cases, this can be complex, especially when patients suffer from pre-existing conditions such as diabetes or vascular disease. The expert may testify that:
-
The delayed response allowed the infiltration to progress to tissue damage
-
Proper monitoring would have prevented a serious injury
-
The injury caused permanent impairment or need for surgical intervention
Without an expert to establish this causal connection, the claim may fail.
Types of Experts Used in IV Infiltration Lawsuits
-
Nursing Experts – To address standard nursing protocols and duties
-
Physician Experts – Particularly in emergency medicine, pediatrics, or oncology depending on the setting
-
Plastic Surgeons or Neurologists – To testify about the nature and extent of permanent injury
-
Life Care Planners – For cases involving long-term care or disfigurement
Florida Law Makes Expert Testimony Mandatory
Under Fla. Stat. § 766.102(1), expert testimony is required to prove that a health care provider’s actions deviated from the accepted standard of care. Without qualified expert witnesses, a plaintiff cannot even get past the pre-suit phase or survive a motion for summary judgment under Florida Rule of Civil Procedure 1.510.
Conclusion: The Foundation of a Successful IV Infiltration Malpractice Case
Expert witnesses are not just helpful in IV infiltration malpractice cases—they are legally necessary. Their testimony forms the backbone of the case by explaining complex medical issues to the court and jury and linking the defendant’s negligence to the patient’s injuries. If you or a loved one suffered harm from IV infiltration in a Florida medical facility, consult a malpractice attorney who works with qualified medical experts to build a strong, legally sound claim.
Need Legal Help?
If you’ve suffered an IV infiltration injury due to suspected medical negligence in Florida, contact our office for a free consultation. We work with experienced medical experts to evaluate and pursue your case aggressively and effectively.
Have you or someone you know been injured as a result of an IV infiltration or extravasation? 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.
