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Nursing Negligence

Jacksonville Nursing Negligence Attorneys

Every medical professional working in the United States has a professional duty to do no harm to their patients. They must also adhere to applicable standards of care at all times and abide by medical industry regulations. While medicine can be uncertain and many medical emergencies are chaotic, all medical professionals must continue to uphold their duties of care as faithfully as possible. Whenever a medical professional is negligent in any way that results in patient harm or when they intentionally violate an applicable standard of care, this is medical malpractice.

When nurses fail to meet their professional obligations and duties of care to their patients, this is nursing negligence, and these professional duties apply to civilian and military nurses alike. From maintaining a sterile environment and monitoring patients, to dispensing medications and attending to mothers in labor, nurses at naval hospitals are expected to follow the same standards of care as nurses in civilian hospitals. Medical mistakes in either of these settings can be devastating, or even fatal. The medical malpractice lawyers at Cronin & Maxwell in Jacksonville, Florida, represent servicemen, servicewomen, retirees and their families in all cases involving nursing negligence.

As former naval officers, our attorneys are familiar with the many legal obstacles military personnel and retirees must face. We know our clients are entitled to the same professional health care as civilians and will not accept any injustice. If you or a loved one is injured by otherwise avoidable nursing negligence, contact our law office for a free initial consultation.

Nursing Negligence

Benefits of Hiring a Jacksonville Nursing Negligence Attorney

Do not make the mistake of thinking that if liability for a recent injury is perfectly visible that you will have no trouble securing a favorable outcome from the subsequent legal proceedings. Navigating any civil claim for damages is difficult, especially when the plaintiff has suffered a severe injury at the hands of a medical professional. Medical malpractice cases may fall within the realm of personal injury, but there are several special laws that apply to these cases in Florida that you must understand prior to filing your claim.

It will be much easier for you to focus on your recovery with peace of mind if you have an experienced Jacksonville nursing negligence attorney on your side. If you are unsure whether your recent negative experience with a nurse constitutes grounds for a malpractice claim or if you are struggling to manage your legal affairs while recovering from your injuries or illness, an experienced attorney is the best resource to consult in these situations.

Your legal team can assist you in meeting all the procedural requirements of your case, from meeting court filing deadlines to fulfilling the special preliminary steps required for a medical malpractice claim in Jacksonville, FL. This enables you to have some reassurance at the outset of your case and the freedom to focus on your medical issues knowing your case is in reliable hands. As your case unfolds, your legal team will provide consistent updates and advice, helping you make informed decisions at pivotal points. When it comes to resolving the case and securing compensation for your losses, a good attorney is the best asset you can have when you want to maximize your recovery as much as possible.

Representing You And Your Family Against Nursing Malpractice

When you need legal representation for any civil claim for damages, it is crucial to find an attorney who has experience handling cases like yours. This is especially true for very difficult medical malpractice claims. The right attorney can make a tremendous difference in the outcome of your nursing negligence claim. Our nursing negligence attorneys represent clients injured at naval hospitals throughout Florida, the U.S. and overseas. We handle cases involving injuries and fatalities caused by emergency room and surgical malpractice. We help families after:

  • Misadministration of medication. Nurses are typically responsible for supervising and administering their patients’ medications. Confusing patients’ medications, forgetting to administer necessary doses, or giving patients incorrect dosages are just a few ways negligent administration of patients’ medications can quickly escalate to a nursing negligence claim.
  • Fetal distress and other birth injuries like cerebral palsy. Nurses who assist with childbirth and delivery procedures are required to adhere to their patient’s standard of care at all times. When nurses cause harm to a newborn before, during, or immediately following childbirth, the child could face lifelong disabilities and medical complications for their malpractice.
  • Failure to monitor patient conditions. Nurses must keep close watch over the vital signs of their patients. Most hospitals are equipped with monitoring systems that can allow nurses to review patient conditions remotely, but personal patient check-ins are necessary. Failure to do so could mean missing a problem that, if left unchecked, could cause tremendous harm to the patient.
  • Unrecognized heart attack or stroke. Medical professionals who deliver patient diagnoses must do so with a differential diagnosis procedure, a process of elimination based on the patient’s symptoms to determine the root of their condition. Nurses typically aren’t responsible for diagnosing patients, but when they provide initial treatment for a patient seeking emergency care, they must be able to identify and address the signs of critical medical conditions like a heart attack or stroke.
  • Bedsores, infections, dehydration. Nurses who care for elderly patients and other bedridden patients must address their everyday needs, including food, water, bathing, clothing changes, and linen changes. A nurse must ensure their patient has a clean space to rest between active treatment sessions, and failure to do so could lead to additional medical complications like infection. To prevent bedsores, nurses must regularly reposition patients who cannot move on their own. Failure to meet these basic patient care requirements can easily amount to nursing negligence in Florida.
  • Ignored patient calls for help. Nurses are professionally obligated to respond to their patients’ calls for help and requests for assistance. Nursing is a very demanding field, and some patients may be demanding or outright rude, but this doesn’t override the nurse’s professional duty to address any and all calls for help.
  • Intentional alteration of medical charts. Nurses are typically provided limited access to patient charts, adding vital signs and symptom descriptions as their patient’s condition changes. They may intentionally alter any aspect of a patient’s chart without a very good reason, and overriding their digital access credentials or any other misuse of patient chart information can lead to not only patient harm and liability for nursing malpractice but also severe disciplinary action if any Health Insurance Portability and Accountability Act (HIPAA) violation occurred.

Success with any medical malpractice claim first requires clear identification of the defendant and determining the nature of their negligence. This process unfolds similarly for both civilian and military nursing malpractice claims, and both types of care require experienced legal representation from an attorney you can trust.

Cronin & Maxwell, PL, has years of experience representing medical malpractice victims in the Jacksonville, FL, area, including those serving in the United States Armed Forces. We work closely with medical and nursing experts to carefully review all decisions made and actions taken by the nursing staff at the naval medical facility. We do this to identify any deviations from the standard of care and highlight the negligence that contributed to the patient’s injury or death.

There are several specific procedural rules that apply strictly to medical malpractice claims in Florida. Before you take any formal steps in filing your case, it is vital that you consult an experienced Jacksonville nursing negligence attorney as soon as possible. They can evaluate the details of your recent experience to determine whether you have grounds to file a claim. If so, they will ensure the case is as strong as possible to encourage the defendant’s cooperation in reaching a swift settlement.

Elements of Medical Malpractice

Medical malpractice may technically fall within the purview of personal injury, but there are special legal rules for defining medical malpractice. A plaintiff who intends to pursue this kind of civil claim must be prepared to meet very demanding procedural requirements that don’t apply to other personal injury claims in Florida. There are additional considerations for any member of the US military who suffers from nursing negligence and other forms of medical malpractice in military medical treatment facilities.

Success with your medical malpractice suit in Jacksonville will require identification of the defendant and clear proof they violated the standard of care you required from them. The term “standard of care” pertains to the type and level of treatment the patient should have received for their condition. This term also applies to the basic care every patient should expect from a nurse in any hospital or treatment facility, such as providing a clean bed and clean room for the patient and providing meals.

Medicine is an inherently uncertain field for many reasons. A patient may have unique preexisting medical conditions that make the typical treatment for their current condition ineffective or even dangerous. In these situations, attending medical staff must make carefully informed decisions and limit the risk of patient harm at every opportunity. It is also possible for the symptoms of one disease or medical condition to mimic those of another, complicating the diagnostic process.

Honest mistakes are possible, but medical professionals who make such errors must immediately correct them, acknowledge them, and assume responsibility for the resulting effects on the patient. When harm occurs because of a failure to meet the patient’s standard of care, this is medical malpractice, and the victim has the right to pursue compensation for their damages.

Filing Your Medical Malpractice Claim

A medical malpractice suit is a type of civil claim for damages equivalent to a personal injury claim. However, Florida enforces specific laws that apply to civil claims against doctors, nurses, surgeons, and other medical professionals. You cannot proceed directly with a lawsuit against the nurse who injured you. Florida law requires that you first secure an affidavit of merit from a medical professional with the credentials necessary to review the details of your experience. They must attest that you suffered from some form of malpractice and provide their analysis of its effects.

After you obtain this affidavit, you must then provide the defendant with at least 90 days of advance notice of your intent to file a civil action against them. During this 90-day period, the defendant has the right to conduct their own investigation into the matter in question in good faith. They will respond as they see fit, potentially agreeing to discuss a settlement, denying the claim, or doing nothing at all. Once the 90-day period expires, the plaintiff can proceed with filing their malpractice claim if they were unable to settle the matter. If the defendant denies liability, a trial ensues.

If you are a member of the United States military and experienced any harm from nursing negligence in a military health care facility, your medical malpractice claim is likely to unfold along relatively similar lines. However, the Federal Tort Claims Act and the Military Claims Act will likely apply to your case, and it’s crucial to secure legal counsel from an attorney experienced in handling this type of claim.

Cronin & Maxwell, PL, specializes in medical malpractice law, particularly for clients in the armed forces. We know the unique challenges members of our military face when it comes to injuries from medical negligence and navigating the complex federal statutes surrounding them. Medical malpractice claims tend to involve severe injuries, yet plaintiffs are restricted when it comes to the compensation they can recover compared to many other types of personal injury claims. This is especially true for plaintiffs filing claims against the government. Working with a Jacksonville nursing negligence attorney is the best way to approach your case with confidence and maximize your final recovery.

Claimable Damages in Florida Medical Malpractice Cases

Florida state law enables the plaintiff in a medical malpractice case to seek full repayment of all the economic losses they sustained because of the defendant’s actions. There is no limit to the amount the plaintiff may claim in economic damages as long as they can prove the defendant’s negligence was the proximate cause of all listed damages. Most plaintiffs in nursing negligence claims in Jacksonville can seek compensation for medical expenses and lost income resulting from these experiences.

The defendant is liable for any additional medical expenses they caused the plaintiff to incur. This includes any long-term care the plaintiff requires if the defendant caused a catastrophic injury. Some nursing negligence claims pertain to severe injuries and illnesses that permanently diminish victims’ quality of life.

An injury or illness caused by medical malpractice can easily interfere with the victim’s ability to work and earn income. If the defendant’s actions cause the plaintiff to miss work or use accrued vacation time, they are responsible for the plaintiff’s lost wages. Similarly, if the plaintiff experiences a permanent loss of earning capacity due to the severity of their injury, the defendant faces liability for their lost future income as well.

Pain and suffering are also claimable damages in a civil suit. However, while Florida state law does not cap or limit non-economic damages in most personal injury claims, there is a limit on pain and suffering compensation in medical malpractice suits. Even if a plaintiff suffered catastrophic harm and developed permanent medical complications from nursing negligence, the most they can receive in pain and suffering compensation under Florida law is $500,000.

The average person might be able to accurately calculate immediately recognizable damages resulting from nursing negligence, such as increased health care expenses and lost income, while they recover from their injury. However, they are likely to struggle to accurately calculate the full scope of their long-term damages without the assistance of an experienced attorney. They may also find it difficult to formulate an argument proving the true extent of their pain and suffering. A Jacksonville nursing negligence attorney is an incredible asset in this situation who can help their client meet all procedural obligations in their case and maximize the final case award.

Potential Consequences for Negligent Nurses

It’s important for any medical professional accused of malpractice to understand the potential gravity of their situation. Medical professionals, including doctors, nurses, surgeons, and other treatment specialists, have various professional duties to their patients and are held to a higher standard of care than most other individuals. When medical negligence injures a patient in any way, the party responsible will face liability for the plaintiff’s economic losses as well as professional consequences based on the severity of their actions.

There are various types of nurses providing medical treatment to patients in the Jacksonville area and throughout the United States. Certified nursing assistants, registered nurses, and licensed practical nurses are just a few types of nurses who could face liability for nursing negligence claims if they fail to uphold their professional duties of care. When a nurse has severely injured a patient through an act of egregious negligence or any intentional misconduct, they may lose any professional licenses they hold and face criminal prosecution in extreme cases. It is also possible for a hospital or other medical treatment facility to face vicarious liability for the actions of a nurse if the employer failed to uphold their legal obligations in any manner that contributed to the nurse injuring a patient.

Medical malpractice claims are taken very seriously in Florida, and medical professionals and their employers can face significant reputational damage and heavy financial penalties when they allow patients to sustain injuries from nursing negligence. For this reason, if you can compile a solid nursing negligence claim against the nurse who injured you, the defendant or defendants in your claim have every reason to seek a resolution to the matter as swiftly as possible.

Settling a Medical Malpractice Claim in Florida

The majority of medical malpractice claims filed in the United States each year end in a private settlement. A private settlement negotiation enables the defendant to resolve the issue as quickly and quietly as possible. Swift settlement benefits the plaintiff by enabling them to secure compensation for their damages more quickly than a trial would allow. As long as the defendant accepts liability for the plaintiff’s injury, the two parties both have a clear incentive to work out a mutually agreeable resolution.

An experienced Jacksonville nursing negligence attorney can ease their client’s concerns as they begin settlement negotiations with the defendant. When you choose Cronin & Maxwell, PL, to represent your nursing negligence claim, we will ensure the defendant makes a fair settlement offer. If disputes arise and negotiations are necessary, we’ll guide you through these discussions as efficiently as possible until you reach a suitable resolution to your claim.

Unfortunately, settlement isn’t possible for every medical malpractice claim. A defendant could contest liability and dispute the range of damages sought by the plaintiff, or the case may involve highly complex details that demand close legal review in court. If you face any measure of litigation in resolving your nursing negligence claim, it is essential to have legal representation you can trust to guide you through all courtroom proceedings. This can be daunting for any plaintiff, but the right attorney can help you approach the situation with confidence and peace of mind.

Nursing Neglect FAQs

Q: How Much Is My Nursing Negligence Claim Worth?

A: The total potential value of any medical malpractice claim hinges on the severity of the plaintiff’s damages. They have the right to claim compensation for all economic losses a defendant caused, and they have the right to pain and suffering compensation that accurately reflects the severity of their experiences. A Jacksonville nursing negligence attorney is the best resource to consult for an accurate estimation of your case’s potential value.

Q: How Long Does a Medical Malpractice Claim Take to Resolve?

A: Any type of civil litigation can be a protracted and stressful ordeal, but the special rules that apply to medical malpractice claims can make these cases particularly challenging, especially in the preliminary stages of proceedings. You must file your claim within the applicable statute of limitations, and the defendant has 90 days to respond to your notice of intent to sue. At this point, it’s possible to face a lengthy trial or a swift settlement process.

Q: Do I Need to Hire a Lawyer for a Military Medical Malpractice Claim?

A: Special rules and federal laws apply to medical malpractice cases filed by active duty service members in every branch of service. While there are many legal mechanisms in place designed to provide US military members with the support they need after suffering injuries, medical malpractice can and does occur, and if you experienced harm from nursing negligence in any military facility, your case requires the attention of an experienced attorney you can trust.

Q: How Much Do Jacksonville Medical Malpractice Lawyers Cost to Hire?

A: People often believe legal counsel to be prohibitively expensive, and this, unfortunately, deters many people from seeking legal representation when they need it most. Attorneys can use various billing options for their clients, from hourly rates to contingency fee agreements that ensure no upfront costs for clients. Make sure you understand a potential attorney’s billing policy, so you are aware of your financial obligations no matter how your case unfolds.

Q: Is It Worth Hiring a Jacksonville Medical Malpractice Attorney?

A: Even when you account for the cost of legal representation, it is always worth the time, effort, and expense to secure trustworthy legal counsel for a medical malpractice claim. While there is no technical requirement to hire an attorney, you put yourself at a tremendous disadvantage by attempting to handle this type of case on your own, and it may jeopardize your entire recovery. Working with an experienced Jacksonville nursing negligence attorney dramatically improves your chances of success with all your legal efforts toward recovery after your injury.

Offering Experience, Resources And Skilled Personal Injury Representation

All military medical professionals, especially nurses and physicians, must adhere to standard health care protocols and practices. When they fail in their duty, our law firm will help you find justice and recover fair compensation.

If you have been injured or a family member has died as a result of nursing negligence, contact the experienced lawyers at Cronin & Maxwell at 904-388-9555 for a free initial consultation. To find out more about your case, visit our medical malpractice information center.

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