Category: Legal Information

18 apr

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;

18 apr

Responsible. Competent. Experienced. You think of physicians having all these qualities. You put your life in their hands. Yet, sometimes things go awry. When things go wrong and the actions of a medical professional harm you, he or she has failed to fulfill professional obligations to you. The doctor failed to perform his or her

18 apr

According to Business Insurance report, of the hundreds of lawsuits filed every year, only about half of medical malpractice cases go to trial. Fewer than 5 percent end in a verdict. Over 95 percent of medical malpractice claims result in out-of-court settlements. Hospitals and doctors are often eager to settle to avoid the potential of facing

29 mar

If you have been a victim of medical malpractice, it can be frustrating to contact an attorney only to have them decline to take your case. Just because a lawyer turns down your medical malpractice claim does not mean you do not have a solid case or that you cannot win it with the help

29 mar

In most medical malpractice cases, the term “standard of care” plays a significant role. Success hinges on whether the claimant can prove a “breach of the standard of care” in a medical malpractice case. The job of the patient’s attorney is to prove that the health care provider had a standard of care to the patient

29 mar

“Informed consent” in relation to medical malpractice means doctors must tell patients about the risks of a medical procedure. For instance, if a patient is undergoing surgery to correct their eyesight, the doctor must discuss the potential complications of such a procedure with the patient beforehand. If the doctor fails to get informed consent and

29 mar

“Contributory” or “comparative” negligence in relation to medical malpractice means a claimant contributed to their own harm, and cannot obtain full compensation from the other party. This legal standard bars claimants from recovering full compensation if they were partially at fault for the damages they incurred. In medical malpractice cases, contributory negligence can prevent patients from recovering

29 mar

“Preponderance of the evidence” in relation to medical malpractice refers to the legal standard to win a lawsuit. To meet the preponderance of the evidence standard, the claimant must prove that malpractice is more likely than not to have occurred. In mathematical terms, a claimant who can convince a jury that it is 50.1 percent likely

29 mar

Improper treatment is a form of medical malpractice. It differs from other common examples of malpractice, such as failure to diagnose or misdiagnosis. With improper treatment, the doctor diagnoses the condition correctly but fails to undertake the proper treatment. Because most patients lack the extensive medical training that physicians have, they accept the diagnosis and treatment

29 mar

In a medical malpractice lawsuit, the plaintiff alleges that a doctor or health care provider gave substandard or inadequate care, which resulted in physical, emotional, or financial damages to the patient. To win such a lawsuit, you and your attorney must prove that the defendant violated the standard of care. You must also prove several other conditions

29 mar

If you suffered injuries or became sick due to negligent or improper conduct by a medical professional, you might have grounds for a medical malpractice suit. It is essential to follow the right steps in filing your claim or lawsuit. Any missteps along the way have the potential to undermine your chances of getting the damages you

29 mar

Before filing a lawsuit or claim, you must determine if a doctor, hospital, or other health care provider has committed medical malpractice. An attorney can help with this process. To determine if malpractice occurred, your lawyer will need to prove the existence of four conditions: The doctor or health care provider had a duty of

29 mar

As a victim of medical malpractice, you are eligible for compensation to cover your economic and non-economic losses. According to research from 2013, the average malpractice jury award exceeds $1 million, and the average out-of-court settlement is $425,000. A medical malpractice lawyer can help you pursue the compensation that is available to you. But how

29 mar

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

29 mar

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

24 aug

Leukemia is a disease that affects a person’s bone marrow. The bone marrow of a patient with leukemia produces an abnormally large amount of leukocytes or white blood cells. White bloods cells are a body’s defense against disease and infection. Patients who suffer from leukemia have a difficult time fighting off diseases and infection. This

21 aug

Tort reform is any law passed that either changes tort law, or changes the process of seeking justice, but the majority of changes fall under four categories. Non-economic Damage Caps These caps limit the large amounts awarded if the damages do not affect economic status. Proponents state this will realign the damage awards with the

18 aug

What is NICA, The Florida Birth Injury Program? Florida is one of two states that have created a special program for children that were injured during child birth. The Florida Birth Related Neurological Injury Compensation Act (NICA) allows families to receive compensation for injuries that occurred to the child during labor, birth, or the immediate

18 aug

Medical malpractice is a very active component of the American legal system. Each year, thousands of patients suffer pain and injury from the negligence of the medical community. If you have suffered an injury at the hands of a physician or medical team, you may be thinking about a medical malpractice lawsuit. You need to

18 aug

Personal injury lawsuits, as a rule, do not tend to include claims of a loss of consortium. This is not because such cases are rarely of interest to claimants and patients. Rather, it is because the majority of claims will not fulfill the standards and requirements necessary for the claims to have validity and applicability.

18 aug

Terminal illness refers to an illness for which there is no cure and which is expected to result in the death of the patient within a relatively short period of time. Many people immediately think of advanced or metastatic cancers when thinking about terminal illnesses; however, a great number of diseases are sadly terminal, lacking

18 aug

What Qualifies For A Medical Malpractice Lawsuit? No one likes to be a victim. This includes individuals who may have been injured or harmed due to medical situations. You become a victim of medical malpractice when you encounter certain medical misconduct. Every year, approximately 80,000 individuals have cause for a medical malpractice lawsuit. Interestingly enough,