Providence Medical Malpractice Lawyer

Residents of Rhode Island reported 60 adverse medical events in 2021, and 41 victims received payments for their claims. In Providence, Rhode Island Hospital was implicated in multiple egregious cases of medical malpractice from 2009 to 2018.

These are not isolated cases. Medical malpractice is alarmingly prevalent throughout the United States, causing an estimated 251,000 deaths annually. This figure does not include nonfatal cases and represents a small portion of the medical malpractice that occurs.

Failure of physicians to provide quality care is a grievous violation of the sacred trust inherent in doctor-patient relationships. The law firm of Marasco & Nesselbush, LLP is committed to holding negligent health care providers accountable.

$6,200,000 Awarded

to a client who sustained serious injuries in a rollover crash caused by a distracted driver.

$4,500,000 Awarded

for a client who sustained a traumatic brain injury in a car crash.

$5,100,000 Awarded

for the estate of a woman who passed as a result of surgical negligence.

WHAT IS MEDICAL MALPRACTICE?

Medical malpractice occurs when health care providers commit negligence by violating the reasonable standard of care, defined as the course of action a prudent health care provider would typically carry out, given the circumstances.

health care provider is any health care professional or institution where health care is offered, such as:

  • Medical and osteopathic doctors 
  • Chiropractors
  • Nurse practitioners 
  • Clinical social workers
  • Hospitals
  • Dentists
  • Clinical psychologists
  • Midwives
  • Nursing homes
  • Rehabilitation facilities

TYPES OF MEDICAL MALPRACTICE

Medical malpractice occurs in virtually every practice area, but some specialties present higher risks.

  • Obstetrics and gynecology
  • Orthopedics
  • Anesthesiology
  • Oncology
  • Surgery
  • Radiology
  • Internal and family medicine

Medical mistakes occur during inpatient and outpatient treatment.

DIAGNOSTIC ERRORS

Diagnostic errors are the most prevalent errors made in outpatient settings and include:

  • Failure to diagnose
  • Misdiagnosis
  • Delayed diagnosis

DELAYED TREATMENT

Delaying treatment after diagnosis is the third most common medical error. Delayed treatment allows conditions to worsen and increases patients’ medical costs.

ANESTHESIA ERRORS

Anesthesia errors most commonly occur because of inadequate situational awareness during surgery. Situational awareness errors refer to the anesthesiologist’s:

  • Failure to perceive patient details
  • Failure to realize the implications of those details
  • Failure to plan
The most common consequence of anesthesia errors is brain injury, followed by respiratory impairments. Both injuries can cause disabling conditions and death.

SURGICAL ERRORS

The majority of medical errors in hospitals are surgical errors. These typically include:

  • Wrong-site surgeries
  • Wrong-patient surgeries
  • Incorrect procedures
  • Accidental lacerations that cause hemorrhages
  • Leaving instruments, sponges, or other foreign bodies inside the patient

MEDICATION ERRORS

Medication mistakes occur inside and outside health care facilities. Vulnerable populations experience heightened risks of medication errors. Children present dosing challenges, and the elderly are the most likely to be prescribed cardiovascular medications, which have the highest incidence of adverse drug interactions caused by medical errors. However, medication errors can happen to any patient.

Medication errors in hospitals occur when health care providers:

  • Prescribe inappropriate drugs
  • Dispense incorrect medications
  • Fail to dispense necessary medications
  • Administer medication at incorrect dosages or intervals
  • Administer medication to incorrect patients
  • Administer medication via incorrect methods
Medication errors outside hospitals most often occur when pharmacists dispense incorrect medications or dosages.

The most common root causes of medication errors include the following:

  • Drug names and labels that look or sound alike
  • Illegible handwriting on prescriptions
  • Abbreviated drug names on prescriptions
  • Labeling errors
  • Excessive workloads
  • Medication shortages

ERRORS DURING CHILDBIRTH

Birth injuries most often occur during complicated births that require forceps or vacuum extraction assistance.

Common Injuries from Forceps or Vacuum-Assisted Delivery

  • Skull fractures, which could cause traumatic brain injuries
  • Intracranial hemorrhages
  • Facial injuries
  • Spinal cord and nerve injuries
  • Clavicular fractures
  • Soft tissue injuries
  • Organ damage
Oxygen deprivation during birth, also known as birth asphyxia, causes brain injury and organ damage and can result in significant long-term effects, including:

  • Cerebral palsy
  • Intellectual disabilities
  • Physical disabilities

HOSPITAL-ACQUIRED INFECTIONS

Approximately one in every twenty patients acquires potentially life-threatening fungal, bacterial, and viral infections often leading to meningitis, pneumonia, and urinary tract infections. These infections are most often caused by the failure of medical professionals to wash their hands.

HOSPITAL-ACQUIRED INFECTIONURSING HOME NEGLECT AND ABUSENS

Nursing home residents have high rates of chronic health conditions that require extensive care due to immobility, fall susceptibility, dementia, and other disabilities.

Nursing home neglect consists of the following deficiencies in care:

  • Failure to frequently reposition immobile patients, leading to pressure ulcers, commonly known as bedsores
  • Lack of toileting and hygiene assistance
  • Lack of assistance eating or drinking
  • Failure to provide psychological support
  • Inadequate supervision
Nursing home abuse is also medical malpractice because nursing homes are responsible for the safety of their residents. Sadly, nursing home residents too frequently endure abuse from visitors, other residents, and nursing home staff.

Types of Nursing Home Abuse

  • Physical, psychological, and sexual abuse
  • Rough handling
  • Financial exploitation

WHY DOES MEDICAL MALPRACTICE OCCUR?

  • Most medical malpractice can be traced to systemic breakdowns, such as:
  • Communication errors
    • Charting deficiencies
    • Inadequate communication between facilities and clinicians
    • Delayed conveyance of medical records between facilities
    • Poor communication with patients
  • Staffing shortages
  • Staff fatigue and burnout
  • Inadequate knowledge or training
  • Equipment failures

HOW CAN I PROTECT MYSELF FROM MEDICAL MALPRACTICE?

Medical malpractice is never the patient’s fault, but there are measures patients can take to reduce their risks.

arrow

1. Provide all relevant information to your medical team and ask questions until you fully understand your treatment plan.

arrow

2. Ensure staff washes their hands or changes gloves.

arrow

3. Ask a friend or family member to supervise your care.

arrow

4. Confirm the names and dosages of your medications.

arrow

5. Avoid unnecessary tests.

arrow

6. Choose a hospital with a high safety rating, such as The Miriam Hospital, which is the highest-rated hospital in Providence, according to U.S. News & World Report.

arrow

7. Research doctors who have paid medical malpractice claims using the Rhode Island Health Department’s searchable public database.

WHAT TYPE OF COMPENSATION CAN I RECEIVE IN MY MEDICAL MALPRACTICE CASE?

You could receive the following economic, non-economic and punitive damages for your injuries.

Economic damages for medical malpractice can cover medical bills and lost earnings, whereas non-economic damages are awarded for pain and suffering and loss of consortium

Punitive damages are awarded as a punishment against the provider in cases of blatant or willful neglect.

The amount of compensation you receive will depend upon the lifetime impact of your injuries.

a person handing someone an envelope

CAN I FILE A CLAIM IF MY LOVED ONE WAS KILLED BECAUSE OF MEDICAL MALPRACTICE?

If your family member has passed away because of medical negligence, you may be entitled to file a wrongful death claim and receive compensation for:

  • The pecuniary value of your loved one’s life, with consideration given to prospective lifetime earnings, life expectancy, and the value of homemaker services
  • Economic losses such as funeral costs and medical expenses
  • Pain and suffering of the family
  • Damages that would have been recoverable by the deceased had they lived, including pain and suffering and punitive damages
  • Loss of society, companionship, and consortium

HOW LONG DO I HAVE TO FILE A MEDICAL MALPRACTICE LAWSUIT?

The statute of limitations for personal injury cases including for victims of medical malpractice is three years from the date the injury occurred or the date the injury was discovered or should reasonably have been discovered.

It is imperative to involve an experienced medical malpractice attorney as early as possible to allow adequate time to interview expert witnesses and build your case.

HOW CAN A PROVIDENCE MEDICAL MALPRACTICE LAWYER HELP ME?

Medical malpractice cases are some of the most challenging personal injury claims. Health care providers and their insurance companies enjoy legal representation by some of the highest-performing lawyers in the nation. Proving these claims requires detailed analyses.

The experienced personal injury lawyers at Marasco & Nesselbush have negotiation and litigation skills that rival that of any health care provider’s counsel.

When you retain a Providence medical malpractice attorney from our law firm, you reap the following benefits:

  • High-caliber legal representation with no upfront fees
  • Sound legal advice from experienced medical malpractice attorneys
  • Vigorous advocacy during negotiations and, if necessary, in court
  • Personalized and compassionate service
  • Our vast network of resources, including in-house medical experts

We investigate medical malpractice cases thoroughly, affording our clients an advantage in court and negotiations.

Our results speak to the efficacy of our detailed approach:

  • $2.05 million recovered in the wrongful death caused by negligent anesthesia – administration
  • $1.5 million recovered for a wrongful death caused by an undiagnosed brain injury
  • $1.4 million awarded to a client who sustained permanent injuries from a surgical error
  • $1.4 million awarded after an obstetrical error caused birth defects

If you or your loved one has sustained an injury because of medical malpractice, the law offices of Marasco & Nesselbush can help you recover compensation for ongoing medical treatment and future financial security.

We are a leading medical malpractice law firm in Rhode Island, with offices in Providence, Wakefield, Warwick, and Woonsocket.

Our Providence office is located at:

685 Westminster Street Providence, RI 02903

Call or contact us using our convenient online form to schedule a consultation and receive a free case evaluation.

Joe Marasco and Donna Nesselbush
a mother and father reading to the kids

“For anyone who is really looking for a team of Attorneys that will fight for you every second of the way, this here is the team you want and need in your corner. Attorney Ryan Kelley and his team helped me through such a difficult time after my accident. The stress of thinking what happens next was lifted off my shoulders.

Communication is key for me, and my M&N team was on point with the level of communication they provided. The get-well cards and flowers after surgery were just a special touch that brightened my day. I wasn’t treated like another number or another case, they really made me feel like family. They really care for you and your wellbeing. Words will never express but I will forever be grateful for all they have done for me. Thank you !!!!!”

Heather P.

Client Reviews

Amanda C.
Amanda C.
Read More
I've felt comfortable and have built trust with them. They work hard and it shows. I am super thankful to have worked with them.
Susan B.
Susan B.
Read More
I love this law firm! My lawyer was compassionate, kind and understanding during a very difficult time.

DO I HAVE A CASE?

If you think you may have a car accident case, contact us now for a FREE consultation

This field is for validation purposes and should be left unchanged.

RELATED LINKS