Category: Legal Information

What’s the Difference Between a Minor Medical Error & Medical Malpractice?
19 mar
What’s the Difference Between a Minor Medical Error & Medical Malpractice?

Minor medical errors are mistakes healthcare providers make that do not result in significant harm to their patients or anyone else. When a healthcare provider commits an act of clear negligence that causes harm, however, they may be liable for medical malpractice. If you suffered harm because of an error made by a doctor or

Read More
Can Your Spouse Sue For Your AIDS/HIV Virus Misdiagnosis?
19 mar
Can Your Spouse Sue For Your AIDS/HIV Virus Misdiagnosis?

If your doctor misdiagnosed AIDS or HIV — either by diagnosing you as negative when you had the disease or as positive when you did not — you or your spouse may have grounds for a medical malpractice lawsuit and a lucrative award. Plaintiffs have won substantial malpractice awards from doctors who misdiagnosed AIDS or

Read More
Can I Sue for Future Medical Expenses in a Medical Malpractice Case?
19 mar
Can I Sue for Future Medical Expenses in a Medical Malpractice Case?

You can sue for future medical expenses in a medical malpractice lawsuit. But to win these damages, you must prove they are legitimate, just as you do with any compensation you seek in a civil tort lawsuit. In other words, you must convince a judge and jury that you are more likely than not to

Read More
What Are The Three Categories Of Locked In Syndrome?
21 feb
What Are The Three Categories Of Locked In Syndrome?

The three categories of locked-in syndrome are complete, classic, and incomplete. The severity of the condition and the level of movement restriction determine the category of locked-in syndrome, with complete form being the most severe, incomplete form the least, and classic form in the middle. No matter which category of locked-in syndrome a person has,

Read More
How Is A Brain Stem Stroke Diagnosed?
21 feb
How Is A Brain Stem Stroke Diagnosed?

Doctors typically diagnose brain stem strokes via imaging tests, the most common being magnetic resonance imaging (MRI), computed tomography (CT), and angiogram. Because a brain stem stroke is a legitimate medical emergency, the sooner one of these tests gets performed and a diagnosis rendered, the better the patient’s chances of long-term recovery. If a brain

Read More
Who Legally Qualifies As A Medical Expert Witness In Florida?
31 jan
Who Legally Qualifies As A Medical Expert Witness In Florida?

Medical expert witness testimony is required for all malpractice cases in Florida. Only someone who meets the requirements established in F.S. §766.202(6) legally qualifies as a medical expert witness in Florida. The statute requires that a medical expert witness must: Regularly practice in their field; Hold a professional degree from a university or college; and

Read More
What Are the Legal Standards to Which You Can Hold Your Doctor Liable?
31 jan
What Are the Legal Standards to Which You Can Hold Your Doctor Liable?

The legal standards to hold your doctor liable in a medical malpractice lawsuit are fourfold. One, your doctor must have had a duty of care to you (or your injured loved one). Two, your doctor must have failed to uphold that duty of care. Three, you or your loved one must have suffered injuries because

Read More
What Are Florida’s Patient Compensation Funds?
31 jan
What Are Florida’s Patient Compensation Funds?

If you, your loved one, or your child suffered injuries during a medical procedure in Florida, you might be eligible for compensation—even if no malpractice occurred. Florida’s patient compensation funds provide money for specific injuries. If you are eligible for one of these funds, you could get paid without having to file for medical malpractice.

Read More
What Is Comparative Negligence & How Does It Apply To Medical Malpractice In Florida?
30 jan
What Is Comparative Negligence & How Does It Apply To Medical Malpractice In Florida?

Florida is a pure comparative negligence state. Under Florida law, the claimant and defendant can share fault in a medical malpractice case. If the claimant contributed to their own injuries, their compensation from the defendant is reduced in proportion to their blame. Even if the fault is shared, a claimant will receive some compensation for

Read More
What Are the Pre-Filing Requirements in a Florida Medical Malpractice Case?
30 jan
What Are the Pre-Filing Requirements in a Florida Medical Malpractice Case?

State law establishes the pre-filing requirements in a Florida medical malpractice case. If you attempt to file a lawsuit without completing these requirements, you will not be able to take legal action or recover damages. A medical malpractice lawyer in Florida  can help you meet these pre-filing requirements and comply with other state regulations. Call

Read More
Does Florida Have A Statute of Repose For Medical Malpractice Cases?
30 jan
Does Florida Have A Statute of Repose For Medical Malpractice Cases?

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

Read More
Who’s to Blame for Wrong-Site Surgery?
26 oct
Who’s to Blame for Wrong-Site Surgery?

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. We

Read More
What Is The Average Medical Malpractice Settlement?
08 aug
What Is The Average Medical Malpractice Settlement?

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

Read More
How Much Do Lawyers Charge For Medical Malpractice?
25 apr
How Much Do Lawyers Charge For Medical Malpractice?

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

Read More
How Do I Obtain My Medical Records?
25 apr
How Do I Obtain My Medical Records?

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

Read More
How Do I Know If I Have A Malpractice Case?
25 apr
How Do I Know If I Have A Malpractice Case?

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

Read More
Can I Sue If I Am Unhappy With The Outcome Of My Surgery?
25 apr
Can I Sue If I Am Unhappy With The Outcome Of My Surgery?

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

Read More
Can I Find Out If A Doctor Has Been Sued For Malpractice Before?
25 apr
Can I Find Out If A Doctor Has Been Sued For Malpractice Before?

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

Read More
What Are Some of the Most Common Reasons Why Legitimate Medical Malpractice Claims Go Unexplored?
19 apr
What Are Some of the Most Common Reasons Why Legitimate Medical Malpractice Claims Go Unexplored?

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 Explored?

Read More
Is Failure to Warn a Patient of Known Risks a Form of Medical Malpractice?
19 apr
Is Failure to Warn a Patient of Known Risks a Form of Medical Malpractice?

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

Read More
Does the Good Samaritan’s Law Protect from Liability If in Non-Medical Facility?
19 apr
Does the Good Samaritan’s Law Protect from Liability If in Non-Medical Facility?

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

Read More
Can I Sue a Doctor for Medical Malpractice That Prescribed the Wrong Medication?
19 apr
Can I Sue a Doctor for Medical Malpractice That Prescribed the Wrong Medication?

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

Read More
Are There Limits on Damage Awards for Medical Malpractice?
19 apr
Are There Limits on Damage Awards for Medical Malpractice?

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

Read More
Is Failure to Diagnose a Form of Medical Malpractice?
19 apr
Is Failure to Diagnose a Form of Medical Malpractice?

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

Read More
What Is Medical Malpractice?
18 apr
What Is Medical Malpractice?

Medical malpractice Many patients who experience negative outcomes after medical treatment question whether their case constitutes malpractice. But what is medical malpractice? Medical malpractice is a type of civil tort, or wrongdoing, that occurs when four conditions are present: A doctor or health care provider has a professional duty of care to a patient; The

Read More

Legal Information