News Category: Legal Information
Our legal system is based in a desire for justice, which is a legal theory indicating fairness is the goal for all parties involved. In the United States we have a frequently complex system of laws to maintain stability and to achieve our pursuit of justice. This process can be difficult and confusing for those without a degree or experience in law. Therefore, there are lawyers who represent clients in different practice areas, such as medical malpractice attorneys.
Even with the myth that attorneys are overzealous in their litigious pursuits, medical malpractice lawsuits make up a relatively small percentage of personal injury cases, according to the National Center for State Courts (NCSC). The report by NCSC indicated that malpractice suits total less than 5% of personal injury cases nationwide.
This article provides an overview of New Mexico medical malpractice law. Lawmakers in the Land of Enchantment have fashioned a distinctive medical malpractice system whose signature features include a state malpractice insurance fund, strict limits on monetary damages, and a mandate to obtain a medical review panel’s opinion before filing suit. Because it is useful
Read MoreThe Law of Medical Malpractice in Utah: A Survey of Basic Considerations Utah medical malpractice law is among the most complex legal practice areas. The statutes, case law, and regulations governing medical malpractice law in Utah are highly technical. For instance, there are very strict and complicated filing deadlines that must be followed, or the injured
Read MoreSouth Florida Jury Finds Doctor Negligent in 2011 Medical Malpractice Lawsuit; Awards Plaintiff $16,922,000 On November 21, 2008, the pain in Stephanie Hollingsworth’s feet and hands became so acute that she went to the emergency room at Holy Cross Hospital, located in Fort Lauderdale, FL. Hollingsworth, then 26, believed that the pain was from an
Read MoreThe Law of Medical Malpractice in Rhode Island: A Survey of Basic Considerations Rhode Island medical malpractice law is among the most complex legal practice areas. The statutes, case law, and regulations governing medical malpractice law in Rhode Island are highly technical. For instance, there are very strict and complicated filing deadlines that must be
Read MoreFlorida Supreme Court Rules Secret Ex Parte Interviews of Medical Malpractice Plaintiffs’ Doctors Unconstitutional On November 9, 2017, the Florida Supreme Court issued its highly anticipated decision in Weaver v. Myers, No. SC15-1538 (Nov. 9, 2017). In Weaver, the Supreme Court struck two provisions pertaining to secret, ex parte interviews with plaintiffs’ healthcare providers in connection
Read MoreThe Law of Medical Malpractice in Kentucky: A Survey of Basic Considerations This article provides an overview of Kentucky medical malpractice law. The Bluegrass State generally treats malpractice claims the same as other types of negligence claims, with a few important exceptions. Kentucky lawmakers have been deterred from placing a statutory maximum limit on monetary
Read MoreThe Law of Medical Malpractice in Mississippi: A Survey of Basic Considerations This article provides an overview of Mississippi medical malpractice law. In the Magnolia State, plaintiffs planning to file malpractice lawsuits ordinarily must first consult with a medical expert to obtain an opinion about whether the case has merit, and also must give 60
Read MoreThe Law of Medical Malpractice in Montana: A Survey of Basic Considerations Montana medical malpractice law is among the most complex legal practice areas. The statutes, case law, and regulations governing medical malpractice law in Montana are highly technical. For instance, there are very strict and complicated filing deadlines that must be followed, or the injured
Read MoreThe Law of Medical Malpractice in Maine: A Survey of Basic Considerations Maine medical malpractice law is among the most complex legal practice areas. The statutes, case law, and regulations governing medical malpractice law in Maine are highly technical. For instance, there are very strict and complicated filing deadlines that must be followed, or the injured
Read MoreThe Law of Medical Malpractice in Iowa: A Survey of Basic Considerations Iowa medical malpractice law is among the most complex legal practice areas. The statutes, case law, and regulations governing medical malpractice law in Iowa are highly technical. For instance, there are very strict and complicated filing deadlines that must be followed, or the injured
Read MoreNew Mexico Jury Finds Albuquerque Hospital Negligent; Awards Family $7.75 Million Michael Webb waited as long as he could. The pain in his knee was not going away. Finally, in December 2011 he decided to have surgery performed. After the procedure, complications forced Webb in to the intensive care unit (ICU) at the Presbyterian Hospital
Read MoreHouse of Representatives Votes to Drastically Limit Medical Malpractice Cases At the end of June, the House of Representatives passed a bill to limit the amount of non-economic damages that can be paid out in medical malpractice cases to just $250,000. Non-economic damages compensate for the human aspects of an injury or death—including the loss
Read MoreSeveral myths about medical negligence and malpractice suits have become popular recently, particularly as healthcare and insurance costs continued to be a major focus of economic and political debate. Below are three of the major myths tort reform proponents use to help push their agenda to limit the ability of injured patients to seek compensation
Read MoreProponents push tort reform as a silver bullet that will supposedly reign in medical costs, insurance premiums, and even improve the quality of care by allowing doctors to practice without fear, particularly by decreasing the number of unnecessary tests. However, the truth is that the impact of medical malpractice suits on health care spending
Read MoreLast week, it was announced that the state Supreme Court of Pennsylvania would discuss whether or not to overturn a law that allows defendants in medical malpractice lawsuits to avoid prosecution based on “error in judgment”. The decision came as Stephen and Nicole Passarello were granted a new trial after their original lawsuit was dismissed
Read MoreLast week, Florida’s House of Representatives approved a business-backed bill that will shift the state’s test for the admissibility of expert witness testimony from the Frye standard to the Daubert standard. Approximately 28 other states and the federal courts use this tougher standard, which critics say would pose a challenge for patients who pursue medical
Read MoreA new medical malpractice law in Florida is drawing criticism from many groups who allege the new law violates the privacy rights established in the federal Health Insurance Portability and Accountability Act, Bloomberg Business Week reports. On July 1, the day Senate Bill 1792 went into effect, five trial attorneys filed lawsuits against healthcare providers.
Read MoreIf you lose a loved one or become seriously injured due to the negligence of a physician or medical staff, you need a legal team to help you hold the responsible parties accountable. The results of medical negligence can be devastating, cause physical pain, as well as substantial financial loss. Finding the right medical malpractice attorney to help you gain rightful compensation can be essential in helping you get your life back. Review out materials and contact us today.