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Our Naples medical malpractice attorneys have a successful track record of recovering compensation for injured patients through both civil negotiations and courtroom trials. While many cases settle out of court, our experienced trial attorneys are not afraid to bring their cases to court when they suspect a settlement offer does not fully recognize the value of their client’s losses.
At Morgan & Morgan, our Naples attorneys utilize every available resource to help victims of medical malpractice hold negligent medical professionals responsible for their actions. To learn more, fill out our free case review form.
What Is Medical Malpractice?
In the medical community, anyone who participates in the treatment or care of a patient has a responsibility to adhere to guidelines established by the medical community in which they practice. Medical professionals (doctors, nurses, anesthesiologists, medical technicians, pharmacists, etc.) are expected to execute their responsibilities in accordance with these guidelines, which includes acting as another medical professional would act in a particular situation, under similar circumstances.
Not all injuries sustained while under the care of a medical professional fall under the umbrella of malpractice. To be considered medical malpractice, a patient’s injury must be the direct result of an action or omission of a healthcare professional. For example, if a patient experiences a serious complication during surgery after acknowledging the procedure’s potential risks, this complication and any resulting injury may have been beyond the surgeon’s control.
If the doctor adhered to medical standards and performed his or her job as best he or she could, it is unlikely that he or she will be found liable for medical malpractice. If, in the same situation, the patient was not advised of the potential risks prior to surgery, the healthcare professional may be liable for medical malpractice.
Examples of medical malpractice include, but are not limited to:
- Failure to warn of risks
- Lack of care and/or monitoring pre-or post-surgery
- Improper use of medical tools
- Administering improper medication or anesthesia
- Failure to use sterilized equipment
- Misreading or confusing medical charts
- Treating a patient without consent
How Can My Attorney Prove Medical Malpractice?
A successful medical malpractice case will hinge on your attorney’s ability to link your injury to a specific action or omission of a medical professional involved in your care and treatment. Medical malpractice is a specific type of negligence and you must therefore meet certain criteria to have a successful claim. For example, if your case is filed against a surgeon, your Naples attorney must prove:
- The surgeon owed you a duty of care
- This duty of care was breached by an act or omission of the surgeon
- You sustained an injury, and
- The injury was a direct result of the surgeon’s act or failure to act.
Making this last connection may not always be an easy task. Our Naples attorneys have seen a diverse range of injuries, including fractures, infections, spinal cord damage, traumatic brain injury, burns, organ damage, disfigurement, back and neck trauma, amputation, and paralysis. Proving the connection between a healthcare professional’s negligence and the resulting injury may require the assistance of a medical expert familiar with these complicated injuries and diverse fields of practice.
Who Can I Sue?
Medical malpractice lawsuits can be brought against any healthcare provider, regardless of their field of expertise. Our Naples attorneys handle cases including, but not limited to:
- General surgery malpractice
- Orthopedic malpractice
- Birth injuries
- OBGYN or obstetrician malpractice
- Psychiatric malpractice
- Spinal cord malpractice
- Dental malpractice
- Chiropractor malpractice
Any healthcare professional involved in the care of a patient, including hospitals, hospital staff, private practices and medical staff, can be potentially liable in a medical malpractice lawsuit. Your attorney must prove the healthcare provider, in any capacity, directly caused your injury through some act of negligence. For example, a Florida hospital may be liable for your injuries if it failed to properly monitor and screen potential employees.
What Can I Recover For My Injuries?
No medical malpractice case is the same. The extent and expected duration of the injury, the egregiousness of the healthcare professional’s negligence, and other unique factors all affect the calculation of the victim’s compensation.
In most cases, however, a victim may be able to recover compensation for damages including current and future medical expenses, pain and suffering, lost wages, loss of future income, loss of enjoyment of life, mental anguish, and loss of consortium.
In the case of a death resulting from medical malpractice, the victim’s family may be able to collect these damages, as well as funeral expenses and other related costs.
If you placed your trust in a medical professional and was gravely injured, you may be able to recover compensation and get your life back on track. Consult a medical malpractice attorney before taking any steps. Get started by completing our case review form today. Our Florida offices are currently offering free consultations to all potential clients at no cost.