When a patient enters a hospital, they place their trust in the hands of trained medical professionals. One of the most common and routine procedures—placement of an intravenous (IV) line—can become a serious source of harm if not performed or monitored properly. In Florida, hospitals may be held liable for injuries caused by IV infiltration, a preventable condition that can lead to tissue necrosis, nerve damage, compartment syndrome, and permanent disability. This article explains when and how hospitals can be sued under Florida medical malpractice law for IV infiltration injuries.
What Is IV Infiltration?
IV infiltration occurs when fluid leaks from a vein into the surrounding tissue during intravenous therapy. When the fluid is a vesicant—such as certain chemotherapy drugs, antibiotics, or electrolytes—the result can be a more severe form called IV extravasation, which may cause blistering, tissue death, or loss of limb function.
While not every infiltration event is due to negligence, many result from poor technique, lack of monitoring, or failure to respond to early signs of infiltration.
Can a Hospital Be Held Liable?
Yes. Under Florida law, a hospital can be liable for IV infiltration injuries if the harm resulted from negligence by hospital staff, particularly nurses or technicians, or from a systemic failure such as inadequate training, poor staffing, or flawed hospital protocols.
Hospitals in Florida can be held vicariously liable for the acts of their employees under the legal doctrine of respondeat superior. If a nurse employed by the hospital causes harm through negligent IV insertion or monitoring, the hospital itself may be sued in a medical malpractice action.
Is IV Infiltration Considered Medical Malpractice in Florida?
Yes. Most IV infiltration injury cases in Florida fall under the scope of medical malpractice (Chapter 766, Florida Statutes). This classification matters because it imposes specific pre-suit requirements, including:
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Notice of intent to initiate litigation (§ 766.106)
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Expert affidavit from a qualified medical professional
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90-day investigatory period before filing suit
To prevail in an IV infiltration medical malpractice lawsuit, the plaintiff must prove:
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Duty – The hospital owed a duty of care to the patient.
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Breach – Hospital staff breached the prevailing standard of care (e.g., failed to monitor the IV site).
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Causation – The breach directly caused the injury.
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Damages – The patient suffered harm (e.g., necrosis, scarring, loss of function).
Common Causes of Hospital Liability in IV Infiltration Cases
Florida hospitals may be found liable for IV infiltration injuries resulting from:
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Improper IV insertion by a nurse or technician
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Failure to routinely monitor the IV site
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Ignoring patient complaints of burning, pain, or swelling
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Delayed removal of the IV after signs of infiltration
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Failure to follow hospital protocols
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Inadequate training or supervision of staff
In some cases, the hospital’s own policies or systemic failures may be at the heart of the problem—for instance, if nurses are assigned too many patients to properly monitor IV lines.
Proving Hospital Negligence in Florida
To prove a Florida hospital is liable for an IV infiltration injury, plaintiffs must present expert testimony showing that the standard of care was breached. Evidence may include:
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Nursing logs and IV site monitoring notes
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Witness statements or patient complaints
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Hospital training manuals and protocols
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Expert analysis of the timeline and nature of injury
Hospitals may attempt to defend by arguing the injury was a known complication, that proper protocols were followed, or that the injury was unavoidable.
Damages Recoverable for IV Infiltration Injuries
In Florida, injured patients may be entitled to both economic and non-economic damages, including:
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Medical bills (past and future)
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Physical therapy or reconstructive surgery
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Pain and suffering
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Loss of function or disfigurement
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Lost wages and loss of earning capacity
Statute of Limitations in Florida
Under Fla. Stat. § 95.11(4)(b), patients generally have two years from the date they knew or should have known that medical malpractice occurred. However, there is a four-year maximum statute of repose and a seven-year limit in cases of fraud or concealment.
Conclusion
IV infiltration injuries are often preventable—and when caused by nursing negligence or poor hospital oversight, patients have a right to pursue justice. If you or a loved one suffered an IV-related injury at a Florida hospital, it’s important to speak with an experienced medical malpractice attorney. With the right legal support, victims can hold hospitals accountable and recover compensation for their injuries.
Need Help?
If you’ve suffered an IV infiltration injury in a Florida hospital, contact our office today for a free consultation. We have experience holding hospitals accountable for nursing negligence and systemic medical errors.
Have you or someone you know been injured as a result of an IV infiltration or extravasation injury? 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 [email protected] or by text at (305) 929-8935.
