Naples Medical Malpractice Lawyer
We are all required to use a certain degree of care in our dealings with other people. We must all, for instance, obey traffic laws and to do our best to refrain from injuring others while driving. Certain individuals, however, owe an even higher duty of care to others. Healthcare professionals, for example, are required to use the level of care, skill, and treatment that is recognized as acceptable and appropriate by other members of the industry.
While most healthcare professionals are careful to adhere to this standard and only provide patients with the best possible care, mistakes can and do occur. Fortunately, when doctors and other healthcare providers do not meet this standard, they can be held liable for resulting damages, so if you were recently injured as a result of a doctor’s negligence, it is important to speak with an experienced Naples medical malpractice lawyer who can help you seek compensation for your losses.
Providing Proof of Medical Negligence
The law does not expect perfection of medical professionals, so just because a person suffers an injury while in the care of a physician, nurse, surgeon, or hospital, does not mean that he or she will automatically be entitled to compensation for those injuries. Instead, like with any other negligence based claim, plaintiffs who are injured as a result of a healthcare professional’s negligence can only recover compensation for their losses if they can prove that:
- The defendant owed them a duty of care;
- The defendant fell below or somehow breached that standard of care; and
- The defendant’s breach caused them to suffer an injury.
Of these elements, proving that a medical provider failed to provide the proper standard of care is often the most difficult, as it requires evidence that a defendant did not use the level of skill or treatment that another competent medical professional would use in the same situation. Fortunately, the testimony of expert witnesses can be used to help establish the proper standard of care in a particular case.
Examples of Medical Malpractice
Injured patients can file medical malpractice lawsuits against negligent healthcare professionals for actions that an individual or entity took, as well as actions that they did not, but should have taken. The majority of medical malpractice claims, however, are based on the following:
- Misdiagnosis resulting from a failure to order the proper tests or examine lab results;
- Ordering the wrong course of treatment;
- Providing unnecessary treatments;
- Making surgical errors, such as operating on the wrong part of the body or failing to use sanitized instruments;
- Medication errors, including prescribing the wrong medication, failing to warn patients of side effects, and prescribing a dangerous mix of medications due to a failure to take an accurate medical history; and
- Anesthesia errors resulting from a failure to monitor a patient or the failure to administer the proper dosage.
This type of negligence can have devastating consequences for patients, so if you were hurt as a result of a medical professional’s negligence, it is important to speak with an attorney about your legal options.
Experienced Medical Malpractice Lawyers in Naples
Call Scott Smith Injury Law today to speak with an experienced medical malpractice lawyer. We can be reached at 800-500-1530 or by completing our online contact form.