Rhode Island Medical Malpractice Lawyers
We are all thankful when medical procedures, tests
and check-ups go as hoped. However, on occasion, a doctor,
nurse practitioner, specialist, behavioral health provider,
hospital, lab, pharmacy or other medical service provider
will miss a diagnosis, incorrectly diagnose or treat
a medical condition, prescribe the wrong medication,
discharge a patient before they are ready, or do something
else that is harmful and/or negligent. In those cases,
patients and their families may be eligible for compensation.
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Medical Malpractice law can include areas like:
- Failure to diagnose/ misdiagnosis
- Wrongful death
- Surgical Negligence
- OB/GYN Negligence
- Nursing Home Negligence
Marasco & Nesselbush is one of the top medical
malpractice firms in Rhode Island. We get results for
our clients because we know how to prove that harm has
occurred and that people or institutions are responsible.
Initial consultations are always free, and we only charge
fees if we win or settle. We always give medical malpractice
cases referred by our clients top priority, so if you
know anyone who may have suffered harm as a result of
medical malpractice, please ask them to call us.
Types of Medical Malpractice Cases
Failure
to Diagnose/ Misdiagnosis
A very common area of medical malpractice
litigation relates to the failure to diagnose and/or
the misdiagnosis of medical conditions. In recent years,
we have pursued cases involving failure to diagnose
various forms of cancer, resulting in death; failure
to diagnose infections in children or adults resulting
in death; failure to diagnose eye conditions resulting
in permanent vision loss; as well as failure to diagnose
other illnesses. The basis of a failure to diagnose
case is that the victim has lost the chance to have
the condition treated and/or cured because of the misdiagnosis
or failure to diagnose.
As in all medical negligence cases,
it is necessary to establish that the medical provider’s
misdiagnosis or failure to diagnose resulted from the
medical provider’s failure to exercise the same level
of care ordinarily exercised by other prudent medical
providers. Generally, it is also necessary to show that
an appropriate and/or timely diagnosis would have likely
resulted in a different outcome. In other words, there
must be proof that there truly was a “chance” to cure
or extend life. As in all medical negligence cases,
appropriate medical expert testimony is required in
order to prevail on a “failure to diagnose” theory.
Marasco & Nesselbush has assembled a team of medical
experts who can review your case and assist in its prosecution.
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Wrongful
Death
Under Rhode Island law, family members or the estate
of an individual who has met his or her demise due to
the negligence of others are entitled to recover in
the same manner as if the individual had survived. That
is, ordinarily the estate and/or the family will be
entitled to recover for pain and suffering prior to
a person’s death as well as for other components of
damages (injuries) such as the decedent’s lost wages,
loss earnings capacity, loss of consortium and loss
of family society. Wrongful death cases often involve
a very complex calculation of economic damages.
In pursuing a wrongful death matter, it is extremely
important that you select a firm like Marasco &
Nesselbush that has dealt with this area of litigation
frequently and has access to appropriate economics experts
to prove the elements necessary for total financial
recovery.
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Surgical
Negligence
Surgical negligence requires establishing that a surgeon
failed to exercise the same degree of skill as other
competent surgeons under similar circumstances. Marasco
& Nesselbush has successfully pursued surgical negligence
claims involving the failure to remove surgical instruments
and sponges, involving the negligent severing of nerves
during surgical procedures, and involving the severing
of other internal organs during a surgical procedure.
These cases ordinarily require in-depth analysis and
careful review of surgical notes. Usually, operative
notes fail to demonstrate complications encountered
during the surgery. Therefore, it is necessary to obtain
expert analysis by other surgeons to establish what
truly occurred in the operating room. Marasco &
Nesselbush has assembled a qualified team of medical
experts who are available to evaluate and prove cases
involving surgical errors. Let our trusted corps of
medical experts and attorneys evaluate and resolve your
case.
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OB/Gyn
Negligence
One of the most tragic areas of medical malpractice
litigation involves obstetrical injuries. These cases
involve negligent prenatal care or negligent delivery
of a child resulting in serious injuries to a newly
born child or resulting in the child’s death. Frequent
examples of Ob/Gyn negligence involve failure to timely
perform C-section deliveries which results in oxygen
deprivation and brain injury or death. Other examples
involve injuries to a mother or child during delivery.
Gynecological negligence also involves negligently
performed gynecological surgery procedures, for example,
hysterectomies and tubal ligations. Damages associated
with negligence in these areas are often tragic and
involve complex issues of proof.
Since Marasco & Nesselbush has
investigated and handled many of these cases, we are
in a unique position to provide prompt evaluation and
excellent representation of your claim.
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Nursing
Home Negligence
As the phrase suggests, nursing home
negligence refers to medical errors which occur within
the nursing home context. Regrettably, nursing homes
are frequently under staffed and sometimes staffed by
poorly trained or poorly supervised individuals. As
a result, patients in nursing homes can be the victims
of medical negligence.
In the nursing home context, medical negligence can
occur in many forms. Frequent scenarios involve falls,
burns, and untreated medical conditions. These can result
in a worsening of the patient’s condition or even in
death.
Often the challenge with nursing home cases is to establish
exactly what occurred. Ordinarily the patient’s loved
ones are not present if and when negligence happens.
In addition, record keeping in nursing homes can be
notoriously incomplete. Therefore, it is critically
important to obtain legal representation promptly if
you believe a loved one has been the victim of medical
negligence in a nursing home setting. Prompt interviews
by Marasco & Nesselbush’s trained investigators
are often necessary to establish how injuries were sustained
and to determine if the injury or the death was caused
by negligence. Call Marasco & Nesselbush today.
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Statutes
of Limitations
Ordinarily, in personal injury actions, an injured
person must file a lawsuit in court within three (3)
years from the date the negligence occurred. This three
(3) year time period is called the “statute of limitations.”
However, there are many exceptions to this three (3)
year rule or three (3) year “statute of limitations.”
The most common exception to the statute of limitations
is what is referred to as the “discovery rule.” This
rule stands for the proposition that the statute of
limitations begins to run three years from the date
when the negligence could reasonably have been discovered.
Particularly in the medical negligence arena it is sometimes
difficult or impossible for the victim to be aware of
the medical provider’s negligence at the time it actually
occurs. Quite often, a victim of medical negligence
only learns of the medical error when further medical
complications arise and the individual seeks additional
care.
Other common exceptions to the statute
of limitations also may be applicable. For example,
the statute of limitations with respect to injuries
sustained by a child begins to run when that child reaches
the age of eighteen. Similarly, if someone is under
a “disability,” the statute of limitations may be tolled
during the period of disability.
Finally, cases which may otherwise be considered personal
injury can sometimes be considered a contract action.
For example, the statute of limitations in an uninsured
motorist case is ordinarily ten years because the right
to recovery is based upon an insurance contract.
Obtaining legal representation as
soon as possible after an injury occurs is always best.
Call Marasco & Nesselbush for a free consultation.
However, do not assume you will be precluded from recovery
for your injuries simply because of the passage of time.
If you have a question about whether an action is timely,
seek a legal opinion. Call us. Your action may fall
under one of the many exceptions to the general statute
of limitations rule.
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Attorney’s Fee
In all personal injury actions, Marasco
& Nesselbush charges a “contingency fee.” This means
we will only receive a fee if we win your case, and
we are successful in obtaining a recovery or settlement
for you. Ordinarily, our fee is 33.3% or 1/3 of the
total recovery. This is competitive with most other
attorneys’ fee recovery scales.
Please fill out a contact
form or call us at (401) 274-7400 for
more information or a free legal consultation about
a medical malpractice case.
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