The 4 D’s: Factors That Impact Your Rights In Filing A Medical Malpractice Lawsuit In Naples
Medical care is expensive. In return for paying high costs, you trust your medical providers to help manage your health and address potential issues when they arise. Unfortunately, most people feel as if the overall quality of their medical care has generally declined. At what point does a provider’s actions or inactions amount to negligence and entitle you to compensation in a claim? Our Naples medical malpractice lawyer explains what is commonly known as the 4 D’s.
Are You The Victim Of Medical Malpractice In Naples?
Several years ago, Johns Hopkins Medical released a report showing that, based on statistics, medical malpractice is now the third leading cause of death in the United States. When doctors, nurses, surgeons, hospital administrators, or other medical personnel make mistakes that have a negative impact on your health, you have the right to hold them accountable in a claim. Common types of medical malpractice in Naples include:
- Missed and delayed diagnosis;
- Surgical errors and mistakes;
- Healthcare associated infections;
- Medication errors.
Proving Negligence In Medical Malpractice Claims: The 4 D’s
Under Section 766.102 of the Florida Statutes, patients and their families may be entitled to compensation in a medical malpractice claim if death or personal injury occurs as the result of negligence on the part of a healthcare provider.
Negligence generally means taking actions that put others at risk or failing to take reasonable precautions to prevent personal injuries. In medical malpractice, proving negligence involves the 4 D’s:
- Duty of care: Doctors and other healthcare professionals have a duty of care in providing for the health and wellbeing of their patients. Proving a duty of care existed is the first step in filing a medical malpractice claim and generally the easiest part.
- Deviation from their duty: This involves proving that in caring for the patient, the provider deviated from what would be considered a reasonable standard of care. This requires obtaining evidence, such as medical records and statements from experts or others involved.
- Damage to patient: This involves proving that as a direct result of a medical provider’s actions, the patient suffered damages. These are likely to include adverse health impacts, pain and suffering, lost income, and additional medical costs.
- Direct cause of damages: One of the most contentious issues in a claim involving proving that a medical provider’s actions were the direct cause of the patient’s damages.
Request A Consultation With Our Naples Medical Malpractice Lawyer
Medical malpractice can cause serious, potentially life-threatening harm to patients. Unfortunately, holding medical providers accountable often proves challenging. To get the compensation you and your family are entitled to, reach out to Cardinal Law, P.A.
We provide experienced, professional legal representation, protecting your rights and gathering the evidence needed to prove negligence. Call or contact our office online and request a consultation with our Naples personal injury lawyer today.
Sources:
hopkinsmedicine.org/news/media/releases/study_suggests_medical_errors_now_third_leading_cause_of_death_in_the_us
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0766/Sections/0766.102.html
