Category: Do I Have a Case

What Should You Do Before You Call a Medical Malpractice Lawyer & Open a Claim?
19 mar
What Should You Do Before You Call a Medical Malpractice Lawyer & Open a Claim?

Malpractice cases are notoriously complex and difficult to litigate, so it is essential you go about it the right way. In most medical malpractice situations, there are a few things you should consider doing before calling a medical malpractice lawyer and filing suit: Learn about the statute of limitations in your state Talk to the

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If You Prove Your Doctor Violated ‘Standard of Care’, Do You Win Your Case?
19 mar
If You Prove Your Doctor Violated ‘Standard of Care’, Do You Win Your Case?

Proving your doctor violated a “standard of care” is a major hurdle to clear toward winning your medical malpractice case, but it is not all that is required to be awarded damages. You first must prove that your doctor owed you a standard of care to begin with, and you must demonstrate that by violating

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Do I Have a Case Because My Condition Got Worse Due My Doctor Failing to Refer Me to a Specialist?
19 mar
Do I Have a Case Because My Condition Got Worse Due My Doctor Failing to Refer Me to a Specialist?

You may have a case if your condition got worse due to your doctor failing to refer you to a specialist. All doctors, health care providers, and medical facilities have a duty of care to act in their patient’s best interest. Often, it is in a patient’s best interest to receive treatment from someone who

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What Type Of Consent Is Most Commonly An Issue In A Medical Malpractice Case?
31 jan
What Type Of Consent Is Most Commonly An Issue In A Medical Malpractice Case?

Informed consent is the type of consent that is most commonly an issue in a medical malpractice case. Before performing a medical procedure, a doctor or healthcare provider has a duty to warn the patient of the known risks involved. They must also make the patient aware of alternative treatment options if they exist. This

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Who Can Be Sued For Medical Malpractice?
30 jan
Who Can Be Sued For Medical Malpractice?

When you hear that someone has filed a lawsuit for medical malpractice, you might assume that the defendant is a doctor. However, you can file a lawsuit against someone other than a doctor if they harmed you by committing medical negligence. Your state’s laws will determine which medical professionals and healthcare facilities can face lawsuits

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Are There Any Limits To What You Can Say In A Medical Malpractice Case?
30 jan
Are There Any Limits To What You Can Say In A Medical Malpractice Case?

You should not say anything to the doctor or the insurance company that can be used against you. The defendant in your case could take things you say and twist them into something you did not really mean. The lawyers at Medical Malpractice Help can help you understand the limits to what you can say

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Can Apologies or Sympathies Hurt Your Medical Malpractice Case in Florida?
30 jan
Can Apologies or Sympathies Hurt Your Medical Malpractice Case in Florida?

If a doctor or healthcare provider calls to apologize or express sympathy for an injury suffered by a patient under their care, can this gesture be held against them in a medical malpractice suit? In Florida, the answer is no—as long as the injury occurred as the result of an accident rather than a willful

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Is Your Medical Malpractice Case More Likely To Settle Or Go To Trial?
08 aug
Is Your Medical Malpractice Case More Likely To Settle Or Go To Trial?

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

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Are There Limitations on Damages In Florida Medical Malpractice Cases?
23 jul
Are There Limitations on Damages In Florida Medical Malpractice Cases?

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

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What Damages Can I Recover in a Medical Malpractice Case?
19 apr
What Damages Can I Recover in a Medical Malpractice Case?

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 case

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Can a Medical Malpractice Case Be Reopened After It Has Settled?
19 apr
Can a Medical Malpractice Case Be Reopened After It Has Settled?

Absent exceptional circumstances, a medical malpractice case cannot be reopened after it has settled. Once you have signed the settlement documents—including the release—and received your check, your claim usually closes. You cannot go back and ask for more money, even if your case was worth more than you received. An attorney from Newsome Melton can help.

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Do You Have to Prove a Doctor-Patient Relationship if You Sue?
18 apr
Do You Have to Prove a Doctor-Patient Relationship if You Sue?

In most jurisdictions, you will have to prove a doctor-patient relationship if you sue for medical malpractice.  If this relationship existed, then the physician will have owed you a certain standard of care. To win a medical malpractice case, you will typically need to prove: You had a doctor-patient relationship with the provider in question;

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Is a Misdiagnosis Considered Malpractice?
29 mar
Is a Misdiagnosis Considered Malpractice?

When a doctor fails to diagnose a serious medical condition or diagnoses you with the wrong ailment, serious complications can result. You might receive the wrong treatment or no treatment at all. Meanwhile, your condition goes untreated, often worsening inside you. When you finally receive the proper diagnosis, the condition is often much more difficult

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What Do I Need to Do Before I Call a Medical Malpractice Lawyer and Open a Claim?
29 mar
What Do I Need to Do Before I Call a Medical Malpractice Lawyer and Open a Claim?

There are several things you need to do before you call a medical malpractice lawyer and open a claim. First, collect information on the “Five Ws”—and one H—of your case: Who; What; Where; When; Why; and How Having this relevant information will help your attorney understand your situation better so they can determine if your doctor

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If Prescribed Too Much Medication and I Get Addicted Do I Have a Medical Malpractice Case?
29 mar
If Prescribed Too Much Medication and I Get Addicted Do I Have a Medical Malpractice Case?

If My Doctor Prescribed Too Much Medication and I Get Addicted, Do I Have a Medical Malpractice Case? If your doctor prescribed pain medication and you became addicted or suffered an overdose, you may have a medical malpractice case. Doctors can be liable for failing to monitor their patients for any indication of addiction after

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Do I Have a Case Because My Condition Got Worse Due to My Doctor Failing to Refer Me to a Specialist?
29 mar
Do I Have a Case Because My Condition Got Worse Due to My Doctor Failing to Refer Me to a Specialist?

If My Condition Got Worse Due to My Doctor Failing to Refer Me to a Specialist, Do I Have a Malpractice Case? If you have a health condition that has worsened over time because your doctor failed to refer you to a specialist, you may have a valid medical malpractice case. When problems with a

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