Category: Legal Information

Is There A Statute of Limitations On Medical Malpractice Cases In Florida?
29 mar
Is There A Statute of Limitations On Medical Malpractice Cases In Florida?

There is a statute of limitations on medical malpractice cases in Florida. According to F.S. §95.11(4)(b), victims must file a lawsuit within two years from the time of the malpractice incident—or two years from the time the incident was discovered. To speak with a medical malpractice lawyer in Florida  about the statute of limitations in

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Are There Limitations on Attorney Fees In Florida Medical Malpractice Cases?
29 mar
Are There Limitations on Attorney Fees In Florida Medical Malpractice Cases?

There are limitations on attorney fees in Florida medical malpractice cases. State law limits the contingent fees attorneys may charge in medical malpractice cases. At Medical Malpractice Help, we charge on a contingency basis within the state’s guidelines. We also offer free case evaluations, so you can learn more about your legal options before you

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What Are All The Possible Areas In Which The Potential Exists For Medical Mistakes?
28 mar
What Are All The Possible Areas In Which The Potential Exists For Medical Mistakes?

Despite the best efforts of doctors and other healthcare professionals, medical mistakes happen every day. What separates a mistake from medical malpractice is often not the areas in which they occur, but the degree to which the mistakes were avoidable and their impact on the patient. Areas in which the potential exists for medical mistakes

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What Are All The Possible Areas In Which The Potential Exists For Medical Mistakes?
28 mar
What Are All The Possible Areas In Which The Potential Exists For Medical Mistakes?

Despite the best efforts of doctors and other healthcare professionals, medical mistakes happen every day. What separates a mistake from medical malpractice is often not the areas in which they occur, but the degree to which the mistakes were avoidable and their impact on the patient. Areas in which the potential exists for medical mistakes

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Is There Any Financial Relief Available For Medical Bills Caused By Medical Malpractice?
28 mar
Is There Any Financial Relief Available For Medical Bills Caused By Medical Malpractice?

If you are facing mounting medical bills because of an injury or illness caused by medical malpractice, your best option is to file a lawsuit against the responsible party or parties. You have a good chance of winning a judgment or settlement that includes money for your current and future medical bills, plus compensation for

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If Your Doctor Overprescribed Opioids and You Get Addicted Do You Have a Medical Malpractice Case?
28 mar
If Your Doctor Overprescribed Opioids and You Get Addicted Do You Have a Medical Malpractice Case?

If your doctor overprescribed opioids and you get addicted, you may have a medical malpractice case. A doctor who negligently prescribes too much medication can be liable for any injuries or harm that results from their patient’s subsequent addiction to that medication. A successful case hinges on proving that negligence was a factor. The medical

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How Do You Know If Your Case Is Medical Malpractice?
28 mar
How Do You Know If Your Case Is Medical Malpractice?

A case is medical malpractice, if it can establish four things: the defendant’s duty of care, the defendant’s standard of care violation, causation, and damages. Duty of Care The first element of a successful medical malpractice case is proving that the defendant owed you a duty of care. In other words, you must show that

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How Does an Attorney Assess an Opioid Overdose Malpractice Case?
28 mar
How Does an Attorney Assess an Opioid Overdose Malpractice Case?

An attorney assessing an opioid overdose malpractice case will look at whether the doctor was negligent in prescribing, administering, or managing the patient’s opioid medication. If the doctor’s negligence caused or contributed to the patient’s overdose and related damages, then a malpractice case may exist. How Medical Malpractice May Contribute to Opioid Overdose An attorney

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How Can Opioid Addiction Be Prevented?
28 mar
How Can Opioid Addiction Be Prevented?

There are several ways opioid addiction can be prevented. Doctors, pharmacists, and patients all have roles to play. Following prescription guidelines and helping patients understand opioid risks and instructions are ways that healthcare professionals can help patients avoid addiction and substance abuse. Patients should follow directions and take precautions to prevent opioid addiction. How Doctors

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What Treatment Is There for Opioid Withdrawal?
28 mar
What Treatment Is There for Opioid Withdrawal?

If you are suffering from opioid withdrawal, you do not need to suffer in silence. There are treatment options available to help ease the pain and shame associated with opioid withdrawal. Drugs Used to Treat Opioid Withdrawal If you are experiencing withdrawal from prescribed opioids, such as Vicodin or Oxycontin, there are several drugs available

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How Do Opiates Affect the Brain and Body?
28 mar
How Do Opiates Affect the Brain and Body?

If you are suffering from opioid addiction, you are not alone. According to the Centers for Disease Control and Prevention (CDC), more than 70,000 overdose deaths in 2017 involved an opioid. Opioid addiction affects all of us. Fortunately, as experts continue to study the effects of opiates on the brain and body, more treatment options

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How Do I Know If I’ve Built Up an Opioid Dependence?
28 mar
How Do I Know If I’ve Built Up an Opioid Dependence?

Opioid addiction in this country has reached epidemic proportions. The first wave of opioid overdose deaths began in the 1990s when these highly-addictive painkillers became more widely prescribed. However, according to the Centers for Disease Control and Prevention (CDC), there were six times more overdose deaths involving opioids in 2017 than in 1999. The problem

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Can a Doctor be Held Liable for a Patient’s Opioid Abuse?
28 mar
Can a Doctor be Held Liable for a Patient’s Opioid Abuse?

Yes, doctors and other healthcare professionals can be held liable for a patient’s opioid abuse if they fail to prescribe opioids responsibly. Some examples of situations where hospital staff may be held accountable for opioid abuse or an opioid overdose include: Dispensing an inaccurate dosage Administering the opioids incorrectly Ignoring or failing to look for

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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

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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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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

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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

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How Can You Determine If Someone Has Committed Medical Malpractice?
26 feb
How Can You Determine If Someone Has Committed Medical Malpractice?

For a doctor or health care provider to commit malpractice, four conditions must be present. The party must owe a standard of care to the patient and he or she must violate that standard of care. The patient must suffer harm as a direct result of the party’s failure and his or her injuries must

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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,

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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

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Why Do Some Medical Malpractice Cases Go To Trial When Others Settle?
31 jan
Why Do Some Medical Malpractice Cases Go To Trial When Others Settle?

Most medical malpractice cases settle out of court. In many situations, reaching an out-of-court settlement benefits both the defendant and the plaintiff. The plaintiff gets paid faster without having to wait for their case to travel through the legal system. The defendant might also benefit from settling. By settling, a doctor or healthcare provider avoids

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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

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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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Legal Information