Category: Legal Information

30 jan

Florida has a statute of repose for medical malpractice cases. The same Florida law that governs the statute of limitations on medical malpractice claims, F.S. §95.11(4)(b), also establishes the statute of repose. It states that an injured party has no more than four years from the date of the incident to take legal action. A

26 oct

Several parties may be to blame for wrong-site surgery. These parties include: The surgeon Anyone on the surgeon’s surgical team The facility at which the surgery took place If you were a victim of wrong-site surgery, the medical malpractice lawyers at Newsome | Melton can investigate your case and identify all those who are responsible.

08 aug

It is impossible to determine the value of the average medical malpractice settlement before investigating the case, as a whole host of factors influences claim value. However, the damages you can recover in a medical malpractice case often exceed the compensation available in other kinds of lawsuits. If you think you have been a victim

08 aug

According to a recent study published in the American Medical Association’s Archives of Internal Medicine, more than half of medical malpractice claims lead to some sort of litigation. However, most of these claims ultimately get settled out of court, even if a medical malpractice lawyer files a lawsuit to put pressure on the defendant. The

08 aug

Medical errors are a leading cause of death in the United States. Although some errors are unavoidable, a large number are preventable, meaning many patients lose their lives each year due to medical malpractice. If someone dies from medical malpractice, their family members can recover damages to pay for their losses. If your loved one

23 jul

The basis for most medical malpractice claims involves four elements: duty, breach, injury, and damages. To qualify as medical malpractice, the following details must be true: The doctor or healthcare provider had a duty to uphold the standard of care for their patient; The doctor or healthcare provider breached the standard of care; The patient

23 jul

There are no limitations on damages in Florida medical malpractice cases. The state no longer places damage caps on the compensation claimants can receive in medical malpractice claims. Caps previously in place ranged from $150,000 up to $1,500,000 based on the type of injury sustained and the type of defendant—for instance, a doctor, hospital, or

23 jul

Some medical providers are protected from medical malpractice cases in Florida. If the healthcare provider is a government employee or a Good Samaritan acting in good faith, for example, you might not be able to file a lawsuit and recover damages. The Florida medical malpractice lawyers at Medical Malpractice Help can determine if the at-fault

25 apr

The damages you can recover in a medical malpractice case compensate you for the harm you suffered because of a healthcare professional’s medical negligence. Although some states use damage caps to limit the amount of money you can get, several types of damages are usually awarded in a medical malpractice case. These include economic and non-economic damages.

25 apr

As a victim of medical negligence, you could be eligible for substantial compensation to pay for your economic and non-economic damages. If you are like many victims, though, you might be hesitant to file a claim or lawsuit, because you are worried about how much lawyers charge for medical malpractice. Perhaps you have the following

25 apr

If I Was the Victim of Medical Negligence, How Long Do I Have to File a Malpractice Lawsuit? If you suffered injuries because of the negligent actions of a doctor or medical provider, you could be eligible to file for medical malpractice and recover compensation for your damages. However, you have a limited time to make

25 apr

How Can I Obtain My Medical Records If I Have Questions About My Treatment? The Health Insurance Portability and Accountability Act (HIPAA) gives you control over your medical records. That means you can obtain your medical records when you need to and you can shield them from others. This includes paper records and charts as well

25 apr

Millions of dollars get paid out every year in medical malpractice claims. If you suffered injuries because of medical negligence or inadequate care from a healthcare provider, you deserve compensation. But how do you know if you have a malpractice case? If you experienced complications after a medical procedure, became sick or injured following care, or feel

25 apr

If you suspect medical malpractice caused you harm, you may be considering taking legal action. In these instances, many victims of medical negligence wonder: Do medical malpractice cases settle or do they go to trial? Not all medical malpractice claims lead to litigation. Those that do involve a lawsuit do not always make it to a

25 apr

Do Medical Malpractice Laws Allow Me to Sue If I Am Unhappy With the Outcome of My Surgery? Because surgical outcomes are not guaranteed, simply being unhappy with the results of a procedure is typically not in itself grounds for a lawsuit. For instance, if a patient struggling with obesity undergoes gastric bypass surgery and is

25 apr

You can often find out if a doctor has been sued for malpractice before. At Medical Malpractice Help, we support the rights of patients to learn as much as possible about a doctor before agreeing to treatment. Our medical malpractice lawyers can help you conduct research on your doctor to determine if they have a prior

19 apr

In a medical malpractice case, the compensation you might qualify for is similar to the possible settlements in other personal injury cases. The damages you can recover in a medical malpractice case will depend on the losses you suffered. For help identifying your damages, contact the attorneys at Newsome | Melton at 1-855-MED-ASKS today. We offer free

19 apr

There are many common reasons why legitimate medical malpractice claims go unexplored. Every year, there are valid claims that people do not file, either by choice or for another reason. For help understanding if you have a valid medical malpractice claim, call the attorneys at Newsome | Melton at 1-855-MED-ASKS. Why Are Some Legitimate Claims Never

19 apr

When a doctor performs a procedure on a patient without his or her informed consent, it could constitute medical malpractice. For the consent to be “informed,” the patient must know and understand all the critical details about the treatment, including the known risks. If the health care professional does not disclose this information, that failure

19 apr

Expert witnesses can be necessary for a wide range of lawsuits to guide the court or to explain information about highly technical subjects that the typical layperson would not understand on his own. Expert testimony is often required for a medical malpractice case, both to satisfy state laws and to prove your case. What Laws Require

19 apr

Many states require that you hire a doctor to testify on your behalf in a medical malpractice case. This is an essential part of proving that you were the victim of medical negligence. Ensuring you have the right doctor testify in a malpractice lawsuit is often key to winning your case. Why Would a Doctor Testify

19 apr

The idea behind Good Samaritan’s laws is to encourage people to help others who are experiencing medical emergencies without fear of a lawsuit from the people they tried to help. These laws can protect parties from liability in some cases. The elements of Good Samaritan’s laws usually include: That you are helping someone without requiring

19 apr

In some cases, you can sue a doctor for medical malpractice that prescribed the wrong medication. Whether or not the doctor is liable for your compensatory damages depends on why you received the incorrect medication. Who Is Liable If My Doctor Did Not Read or Notice Information in My Medical Chart? If your doctor ignored important medical

19 apr

In some states, there are limits on damage awards for medical malpractice. The amount of compensation you can recover as a victim varies based on where you live. How Many States Have Caps on Medical Malpractice Damages? More than half of states limit the amount of money you can receive if you have experienced medical

19 apr

In many cases, failure to diagnose is a form of medical malpractice. Malpractice cases often hinge on the standard of care other doctors with similar backgrounds would provide in the same situation. If a doctor missed signs and symptoms other professionals would have identified, you may have a case for medical malpractice. Doctors have a responsibility to