A young mother in Haines City, Florida, is suing Heart of Florida Regional Medical Center in Polk County after a nurse accidentally cut off her then-three-month-old baby's finger, reports The Tampa Tribune. The nurse tried to cut off an intravenous tube attached to the baby's hand, but missed and cut off the tip of her pinky finger instead. Doctors could not attach the finger because the nerves and were too delicate and the veins too small. The mother is filing a Florida Negligence Action, alleging that the nurse was Negligent in removing the tube, failed to properly follow safety procedures, the hospital failed to properly train its employees on using scissors to remove intravenous tubes, and the hospital failed to properly supervise its nurse.
As a Ponte Vedra Beach Personal Injury Attorney this type of Negligence is the worse. An infant has been permanently disfigured and determining the actual amount of pain and suffering that child has gone through and will go through is no simple task. Looking at this case from a Ponte Vedra Beach Personal Injury Lawyer, I believe the best avenue for recovery for the child and family would be a Ponte Vedra Beach Negligence Action. In a Ponte Vedra Beach Negligence Action if the plaintiff can satisfy all the requirements necessary for a negligence claim, they could be successful in receiving compensation for their losses. There are four requirements that a plaintiff must meet to prove negligence in a law suit: (1) The defendant had a duty to the plaintiff; (2) the defendant breached said duty; (3) the injuries to the plaintiff were caused by the defendant; and (4) the plaintiff can show she suffered damages.
First is what Duty is owed to the victim by the Defendant. As a health-care provider, the hospital has a duty to offer proper care to its patients. It is unreasonable for a mother to expect that when she brings her child in for a fever, that the child will leave missing part of her finger. Part of providing proper care to patients includes offering the proper training and supervision of its employees in addition to proffering adequate safety procedures.
Second is whether the Defendant Breached the duty owed to the victim. When a defendant breaks its duty to a plaintiff, then a breach has occurred. In this case, the hospital had a duty to properly care for this baby's well-being. While treating the child for a fever, a nurse caused a severe injury to the child when she accidentally cut off its finger. Breach is present in this case because the hospital--an organization charged with caring for a child--caused injury to the child in direct contradiction to its duty to ensure the child's well-being while in the hospital's care.
The third aspect is Causation. In this case, the nurse caused the injuries to the infant when she cut the baby's finger off. This element is satisfied because the injuries were solely caused by the nurse, rather than an action of the baby or her mother or another intervening party.
Finally Damages must be shown. It is unquestionable that the baby in this case suffered damages. As she is missing a finger directly due to the hospital's improper care, her mother can show she was damaged by the hospital's actions.
In this case, the mother will likely be able to satisfy all of the elements required for a Ponte Vedra Beach Negligence Action. If you or your child is the victim of negligence at the hands of a healthcare provider, contact a Ponte Vedra Beach Personal Injury Attorney today to discuss your circumstances and determine what compensation may be available to you and your family. I offer FREE consultations and have offices located in Jacksonville, San Marco, and in the Jacksonville Beach area.