Medical Malpractice and an Unlicensed Nurse: What You Can Do

Licensed, qualified medical professionals commit medical malpractice more often than you might think. But what happens if a nurse who caused you harm was not properly licensed? This can bolster your claim for compensation. Learn more about suing for medical malpractice against an unlicensed nurse. 

What Is an “Unlicensed Nurse”?

An unlicensed nurse is a person practicing as a nurse who does not have the proper credentials to do so. An “unlicensed nurse” could be someone who:

• Is impersonating a nurse: In rare cases, a completely unqualified person could pose as a nurse and lie their way into employment. These individuals typically have malicious intent. 
• Has an expired license: More commonly, an unlicensed nurse is a professional nurse who let their license expire. In Florida, nurses must renew their licenses every two years. This person may not have been aware their license expired, or perhaps they did know but did not take the proper steps to renew it. Either way, they have a personal and professional responsibility to maintain their license. Failing to do so puts them and their medical practice at risk of negligence.
• Performed care outside of their scope of practice: A nurse who cared for you may have been licensed, but they may have acted outside of their legal scope of practice, which would be against hospital policy and a violation of nursing ethics. 

Suing an Unlicensed Nurse for Medical Malpractice

If an unlicensed nurse caused you harm, you have the right to sue for medical malpractice. You must prove the following:

• The nurse knew you were a patient and agreed to care for you.
• The nurse knew the standards of care (or reasonably should have known them).
• The nurse failed to do what is normally expected of someone in their position.
• You suffered an injury due to the nurse’s action or inaction.

When you claim medical malpractice, you typically do so against the hospital or medical facility rather than the individual nurse. Medical practices are responsible for conducting credential verification and ensuring that all medical personnel maintain their licenses. Failing to do so can have legal consequences, putting patient safety at risk. 

Can You Sue for Medical Malpractice Even If the Unlicensed Nurse Did Not Cause Harm? 

What is the relationship between medical malpractice and an unlicensed nurse who did not cause you harm? This is a gray area.

When you take legal action against a person or entity, you do so to claim damages. If an unlicensed nurse did not actually cause you any harm, you may have a hard time proving damages. 

However, you can still take action to hold the nurse and their medical facility accountable. You should contact the patient advocacy division at the medical practice to report their behavior. You can also report the medical facility to the Board of Nursing. 

Contact Jeffrey R. Davis, P.A., Today 

Did an unlicensed nurse cause you harm? Jeffrey R. Davis, P.A., can help you claim medical malpractice against an unlicensed nurse in Miami. Contact us today at (305) 577-3777 and schedule your free case evaluation now.