Case Result: Florida Nurse Accused of Malpractice After Patient Died Following Change of Medication

Professional:
Advanced Practice Registered Nurse

Primary issue:
Client is an advanced practice registered nurse providing mental health services to patients. The power of attorney (POA) of a patient reported client to the Florida Department of Health (DOH), alleging improper prescribing and malpractice. POA alleged that the patient was diagnosed with bipolar disorder, and client began treating the patient with Olanzapine and Haldol. Patient later died, and POA accused client of malpractice for failure to notify them of the medication change.

Argument:
With medical malpractice cases, the DOH must hire experts to review patient records to determine whether malpractice actually occurred. To successfully argue that a provider committed malpractice, the evidence must show that it was the provider’s actions that caused the patient’s decline. Yet, even when healthcare providers do their best, patients die nonetheless. This aspect is something very difficult for a patient’s family and loved ones to understand, and resultant allegations of malpractice are not uncommon. However, without expert certification that malpractice occurred, the DOH cannot formally charge the healthcare provider.

Result:
Because the DOH could not prove probable cause, the Florida healthcare regulatory and licensing defense attorneys at Chapman Law Group were able to get the case dismissed, without consequence of the client’s license, within seven months.

Areas of Law:
Healthcare Licensing
Professional Licensing Defense
DOH Investigations & Complaints

Disclaimer:
This information is a sample of our past results. Prospective clients may not obtain the same or similar results. Every case is different and each case must be evaluated and handled on its own merits. The circumstances of your case may differ from the results provided. The information provided has not been reviewed or approved by the State Bar.

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