Medical Malpractice

In the area of medical malpractice, Marasco & Nesselbush is a superior presence in the legal community. Committed to excellence, Marasco & Nesselbush provides outstanding and effective legal representation to victims of medical errors. Generally, medical malpractice refers to errors made by doctors, nurses, and other medical care providers in medical facilities.

Proving a medical malpractice case generally requires expert medical testimony to establish that the medical care provider failed to exercise the level of care ordinarily exercised by those practicing in that field of specialization. A bad medical outcome alone is not sufficient to pursue a medical malpractice action.

Our Team of Medical Experts

Marasco & Nesselbush has assembled a fine team of medical experts, including having a medical doctor “on-staff” who is also an attorney. Our medical doctor, or team of doctors, will promptly review the facts of your case, as well as your medical documentation, to determine if a true medical error has occurred. Most cases involve significant issues relative to “causation.” The issue of causation refers to the link between the injury suffered by an individual and the medical error, as opposed to the injury having been caused by an underlying, unrelated medical condition.

If you believe you have been a victim of medical negligence, please feel free to contact us. We ordinarily provide an initial office conference free of charge. Thereafter, we obtain a preliminary review of your case by our in house medical doctor. Following the preliminary review, we will promptly notify you of our opinion regarding the viability of your medical negligence claim. If we take your case and represent you, we will obtain for you the opinions of medical experts in the appropriate field of specialty to provide expert opinions and testimony to ensure you receive a full, fair and complete financial recovery.

Failure to Diagnose / Mis-diagnosis

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 visual 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.

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.

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.

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.

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.

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.

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.