Naples Medical Malpractice Lawyer

Top Rated Medical Malpractice Attorney in Naples, FL

We rely on doctors, nurses and other health care professionals to provide a high level of care and help us to recover from illness or injury. While most medical providers meet that responsibility, sometimes medical mistakes can have life-changing consequences. Whether you visit NCH Downtown Baker Hospital, Physicians Regional, or any other healthcare center, a Naples medical malpractice lawyer can help if you have been harmed by negligence.

At The Caldarone Law Group, P.A., I provide experienced guidance and devoted advocacy to people who have been seriously injured or lost loved ones due to medical malpractice. From my office in Naples, Florida, I assist victims of medical negligence throughout the surrounding communities.

I represent people who have suffered from medical mistakes, including:

• Medication mistakes: Any doctor who prescribes the wrong medication, the wrong dosage, or fails to account for patient drug allergies or potentially dangerous interactions can face a medical malpractice claim if these errors result in patient harm. It is also possible for a pharmacist to be liable for malpractice if they fail to fill a prescription correctly.
• Emergency room errors: Emergency rooms can be chaotic, but emergency room staff members are required to make sure that every patient who enters is seen within a reasonable time and receives appropriate treatment. Failure to address a patient in critical condition in a timely manner could have serious or even fatal consequences.
• Misdiagnosis or failure to diagnose: These are some of the most common malpractice claims filed in the United States. Failure to accurately diagnose a patient or failure to provide a timely diagnosis can be incredibly damaging. Such errors could result in the patient’s condition worsening to a critical level, or they could be subjected to ineffective treatments if they have been diagnosed with the wrong condition.
• Serious birth injuries: Any type of injury during childbirth has the potential to cause lifelong complications for the child. When these injuries happen because of negligence, the party responsible could be liable for extensive damages. It is also possible for a birth injury case to pertain to an injury to the mother.
• Surgical errors: Most surgical procedures entail some degree of risk, but an incompetently performed surgery can have life-changing effects on the patient, and it is also possible for negligence during an operation to cause a traumatic injury.

Medical malpractice occurs whenever a medical professional fails to meet the standard of care that their patient requires for their injury or illness. The standard of care is the baseline level of treatment the medical community has decided is necessary for their diagnosis. When a doctor, nurse, surgeon, or other medical professional fails to meet their patient’s standard of care because of negligence, it can form the basis of a medical malpractice case.

Who Is Liable For Medical Malpractice?

Legal responsibility for medical malpractice depends on the facts of the case, but doctors, nurses and other staff working in the hospital or clinic often carry liability. In some cases, the facility itself may be responsible if the administration failed to provide the staff with adequate training and resources. If a defective medication or medical device contributed to the injury or death, the manufacturer or distributor of that product may also be found liable in a Product Liability or Wrongful Death claim.

A recent study from Johns Hopkins University concluded that medical malpractice is far more prevalent and damaging than most people realize and could be the third-leading cause of death in the United States, with more than 250,000 deaths per year. If you have been harmed by medical malpractice, it is crucial to connect with a Naples medical malpractice lawyer you trust at your first opportunity.

With years of experience as an attorney representing the victims of medical malpractice, I know how to evaluate the evidence and medical records, identify the source of any errors and pursue every possible avenue for compensation. Depending on the circumstances, Workers’ Compensation benefits may also be available for work-related injuries or illnesses.

Claiming Compensation for Medical Malpractice in Naples

A medical malpractice case is a type of personal injury case subject to special rules in Florida. It is crucial to hire a medical malpractice lawyer not only to make sure you meet the procedural requirements of your case but also to accurately assess the full scope of the damages you are eligible to claim. Just like in most other personal injury cases, a medical malpractice case can potentially yield compensation for economic and non-economic damages the defendant caused.

Non-economic damages are more subjective, as these include intangible losses like physical pain and psychological distress. It can be difficult for the average person to assign monetary value to these losses, so it is vital to hire a medical malpractice lawyer who can help you protect this aspect of your recovery.

Ultimately, your case could be worth more than you expect, but you need to have legal counsel you trust on your side to improve your chance of success with your case. A skilled Naples medical malpractice lawyer can be an invaluable asset, and the team at The Caldarone Law Group, P.A., is ready to assist you. Reach out to us at your earliest convenience so we can begin building your case and guiding you to the recovery you deserve.

Before You Can Sue: Florida’s Presuit Requirements for Medical Negligence

Before you are allowed to file a medical malpractice claim in Florida, you must meet certain requirements under Florida Statutes 766.106. The mandatory presuit process includes:

• A reasonable presuit investigation. An investigation must be performed regarding whether there are grounds to believe that medical negligence occurred before you can take the next steps required in the presuit process.
• Written medical expert opinion. A qualified medical professional in the relevant specialty must corroborate the merit of the claim before notice can be served. Your attorney can make arrangements to have an expert witness lined up to corroborate your claim.
• Formal notice of intent. You must serve a formal notice of intent to initiate litigation on each prospective defendant. You can do so by sending them a copy of the notice of intent via certified mail, return receipt requested. The notice must include a list of all known health care providers seen by the claimant for their injuries related to the negligent act, all the providers they saw in the two-year period prior to the act, copies of all relevant medical records, and an executed authorization form.
• Presuit screening period. No claim can be filed for 90 days following the issuance of the notice of intent. The defendants are allowed this period of time to investigate and respond to the formal notice of intent so that informal discovery can occur in Naples.

The defendant can, after reviewing the notice of intent, reject the claim, make a settlement offer, or make an offer to arbitrate. If an offer to arbitrate is made, liability is assumed, and the arbitration is only held regarding the issue of damages. This process may also be relevant to claims involving Premises Liability, Negligent Security, or Swimming Pool Injury.

It is only after all of these steps have been taken that an official legal claim can be filed. This process takes time and requires having a qualified professional lined up in advance to corroborate your claim. As a result, malpractice cases can take longer to reach filing than claimants might expect.

FAQs

Are There Penalties for Medical Malpractice in Florida?

There are penalties for medical malpractice in Florida. They can include liability for a victim’s damages, professional consequences, and potentially even criminal charges. The penalties assigned to the defendant can depend on the severity of their actions and the scope of their effects. For example, their medical board could suspend or revoke their medical license, and they could also face fines and other penalties if their behavior was criminal.

How Do You Prove Medical Malpractice?

Proving medical malpractice typically requires evidence that shows the defendant violated the standard of care the plaintiff required and caused harm to the plaintiff. Your Naples medical malpractice lawyer can help you prove that the defendant failed to meet the applicable standard of care due to negligence and that this negligence was the direct cause of your claimed damages.

How Much Compensation Can I Claim for Medical Malpractice in Naples?

The amount of compensation you can claim for medical malpractice in Naples depends on the nature and severity of the injuries you suffered. You could have grounds to claim compensation for the cost of corrective medical treatment you need for the injury, lost income if you cannot work while you recover, and compensation for your pain and suffering. A Naples medical malpractice lawyer can calculate the total damages you are eligible to claim.

Why Should I Hire a Medical Malpractice Lawyer?

You should hire a medical malpractice lawyer because these are inherently challenging personal injury cases, and the average person is unlikely to reach a positive outcome in their case without a seasoned attorney’s help. Your legal representative can gather the evidence needed to prove fault, help you meet the procedural requirements for filing the case, and accurately calculate the full scope of the damages you are eligible to claim.

What Does It Cost to Hire a Trusted Naples Medical Malpractice Lawyer?

The cost to hire a trusted Naples medical malpractice lawyer depends on the final outcome of your case when you choose The Caldarone Law Group, P.A., to represent you. Our firm accepts personal injury cases on contingency, meaning we only charge our client a fee after we have recovered compensation for them. If, for any reason, we are unable to obtain compensation for your damages, you pay nothing.

Do I Need a Medical Expert to Bring a Malpractice Claim in Florida?

You need a medical expert to bring a malpractice claim in Florida. A corroborating written opinion from a qualified professional is required before you can file your notice of intent to initiate litigation. You may also need an expert witness if your case proceeds to trial.

How Is Malpractice Different From a Bad Outcome?

Malpractice is different from a bad outcome in that it hinges on the presence of medical negligence. In other words, the bad outcome in a malpractice case must have stemmed from the healthcare provider failing to provide a standard of care accepted within their specialty.

Can I Still Claim if I Filed a Consent Form?

You can still claim if you filed a consent form. Consenting to a procedure is not the same thing as consenting to negligent care. As with any malpractice claim, you should be prepared to provide proof that the provider who performed the procedure was negligent.

Who Can Be Held Responsible?

There are several parties that can be held responsible under medical malpractice laws. They include physicians, nurses, hospitals, and other providers. Who is held liable depends on who breached the standard of care and led to your injuries.

Get The Answers You Need Today

When you are suffering from a serious injury caused by medical malpractice or mourning the loss of a loved one, you need answers from a lawyer you can trust. During our free initial consultation, I take the time to answer your questions, evaluate the facts and give you an honest assessment of your case.

To learn more and begin protecting your rights, please contact my office in Naples at 239-537-0439.

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