Those who practice medicine, in any area, are required to adhere to the medical community’s guidelines that have been set in order to ensure that proper treatment and care are being given to those who come in search of their health services, known as the ‘standard of care’. Understanding medical malpractice is difficult for many people to grasp because the jargons of the medical world are most commonly understood by those who practice it, not those who receive care or treatment. The medical professional that does not adhere to the standard of care that has been established by the medical community might be in the midst of performing a medical negligence. Responsibility for the medical negligence can result in malpractice of the patient endured an injury due to the negligence.
Anyone in the medical world can be responsible for a medical negligence if they failed to execute their job responsibilities with respect to the set standards. Demonstrating that the injury that the patient endured was directly from the medical negligence that the health care performed is essential in any case pertaining to malpractice. Because it is difficult to show causation, acquiring the assistance of a Naples lawyer who concentrates in medical malpractice is the best move to take as a victim of a medical negligence. Not every injury that comes from a treatment, care, or procedure within the medical field will automatically be deemed as medical malpractice.
If the medical practitioner performed their job to the best of their ability and followed the set standard of care but still the patient endured an injury, then the victim of the injury would not have enough means to file a medical malpractice lawsuit. Liability would not be able to fall on the medical professional unless the health care provider did not advise their patient of the risks that could come from the procedure they were undergoing, known as ‘informed consent’.
How Can a Naples Medical Malpractice Attorney Help My Litigation?
The ability that the attorney has in connecting the medical negligence to the injury sustained will determine the result either a failure or a successful medical malpractice case. Certain criteria must be met when filing a litigation for a negligence committed by a medical professional, which is why obtaining the legal aid of a lawyer in Naples that emphasizes on cases involving medical malpractice is ideal. The most vital way that a litigator will help their clients is by proving that causation truly exists. These are the following elements that a Naples lawyer must demonstrate:
- A duty of care was required of the defendant for the patient
- An inaction or action (medical negligence) broke that required duty of care
- Patient received an injury, and
- Patient’s injury was directly linked to the medical negligence that the health care professional did
Because the injuries that are endured after a medical negligence range vastly, proving causation can be complex without the help of a medical expert. Naples lawyers of medical negligence work with medical experts to prove this very important element of the litigation process.
Who Can Be Named as a Defendant in a Medical Malpractice Lawsuit?
Liability for a medical malpractice can be placed on a number of health care practitioners who practice medicine in Naples. Percy Martinez law firm handles cases involving medical professionals in Naples including:
- Malpractice by a general surgeon
- Malpractice by an orthopedic
- Malpractice by a general physician
- Malpractice by an OBGYN
- Malpractice by a Cardiologist
- Malpractice by a hospital
- Malpractice by a nursing home
- Malpractice by a nurse
- Malpractice by a dentist
- Malpractice by a chiropractor
- Malpractice by an anesthesiologist
- Malpractice by a plastic surgeon
- Malpractice by a psychiatrist
- Malpractice by a pharmacist
- Malpractice by a lab technician
- Malpractice by a nursing assistant; and
The field of medicine is so widespread that many professionals in that field can commit a medical negligence. Anyone who is involved with the treatment or care of a patient, including facilities, can be the pending defendants of a lawsuit for medical malpractice.
Medical Negligence’s That Can Take Place During the Practice of Medicine
As noted above, various different types of professionals within the medical field can be found liable for a medical malpractice. As with the numerous individuals that can be found responsible, a number of medical negligence’s can be performed by these professionals, including:
- Failing to let the patient know the risks: This is commonly referred to as “informed consent”. Any medical professional that is going to provide care, treatment or any other health service to a patient must make them aware of any dangers that can come from doing so. If the health care provider does not complete this phase and the patient endures an injury, they can sue the physician for not having communicated to them that vital information that would have deterred them from proceeding with the treatment.
- Not using sterile medical equipment to perform a procedure: This medical negligence would most likely fall on the hospital’s responsibility because they must ensure that all medical equipment is kept sterile. If a medical professional uses equipment that has not be sterilized, the patient undergoing a procedure can obtain life-threatening infections including diseases like HIV or AIDS.
- Incorrectly diagnosing a condition: This is a medical negligence occurrence that happens quite recurring. The reason for a misdiagnosis varies from case to case. If a condition is not diagnosed or is diagnosed with another condition that is irrelevant to the condition that the patient has, then the patient will hinder their chances at receiving successful treatment. This is especially concerning for medical conditions that require quick treatment like cancer.
- Medical tools being improperly used: Sometimes, medical devices will be used to aid the physician. For example, there are cases where a mother will need help to deliver her baby and the delivering physician will use a vacuum or forceps. If the physician does not use these medical devices appropriately, the infant can sustain injuries. The most common reason why a medical equipment is improperly used is due to the lack of training.
In addition to the above medical negligence’s, medical malpractice can derive from the following:
- Lack of following-up with the patient
- Not monitoring the patient during a procedure
- Confusing patient’s medical chart
- Lack of communication amongst medical team
- Giving patient wrong prescription drug
- Not ordering all necessary tests
- Misinterpreting lab results
- Not obtaining patient’s medical history
- Marking incision area incorrectly; and
Statistics for Medical Malpractice in Florida
- Physicians had 2061 medical malpractice claims filed against them in 2014
- The DEA was involved with 23 physicians
- Privilege of panel membership and clinical was lost by 28 physicians
- Professional society membership was lost by 2 physicians
- Exclusion from HHS OIG affected 164 physicians
- Payments for the claims were made of a total of 983 out of 2061
- The payments made that exceeded $2,000,000 were only four of the claims
- Florida is deemed as top five states for payout of medical malpractice
- 98 million dollars was paid for the year 2014 in medical malpractice claims
- The success rate for medical malpractice trials is about 23%
- The average length of a medical malpractice case is five days
Medical Malpractice Frequently Asked Questions in Naples
Question: How can I determine that the injury I sustained was from medical malpractice?
Answer: It is sometimes hard to determine, especially for the patient. Other doctors might not even be able to determine whether it was due to medical malpractice, but by contacting a lawyer in Naples that is focused on medical malpractice occurrences, determining liability would be much easier to achieve.
Question: What amount of time do I have to bring on a litigation for medical malpractice?
Answer: Every state has adopted their own time frame for medical malpractice cases. In the state of Florida, the average length provided is two years. Because there are many factors involved in every case, this time may range from two to four years.
Question: For the damages that I have obtained, who can be sued?
Answer: Who can be sued depends on who was the direct cause of the patient’s injury. Numerous health care professionals can be the cause of the medical negligence including, nurses, nursing assistants, surgeons, pharmacists, physicians, and more.
Naples Firm of Medical Malpractice Lawyers of Percy Martinez
Extensive damages can be done to a Vitim of a medical malpractice in Naples in every feature of their lives including, emotional, physical, financial, psychological, and social. Along with the victim, their families suffer, especially if the medical negligence was so grave that the victim suffered a wrongful death. Recovering financial means for the damages that have been caused can be acquired with the legal aid of an attorney at Percy Martinez Law Firm medical malpractice in Naples. The firm is highly dedicated to achieving a successful end for their clients and want future patients to not suffer the same tragic fate by holding the guilty health care professionals responsible for the harms caused.