Providence Medical Malpractice Lawyers – Marasco & Nesselbush
Typically, we respect and appreciate doctors for their knowledge, experience, and care. At times, however, doctors make mistakes and, unfortunately, when a doctor is wrong, it is the patient who pays the price.
Medical professionals often have to make tough choices based on limited information – and at times, a wrong diagnosis, an ineffective prescription, or administration of treatment that turns out to have been unnecessary, is simply unavoidable given the circumstances. Nevertheless, when doctors or healthcare providers act negligently in the course and scope of their profession, the victim of such malpractice may deserve financial compensation for the injuries and damage sustained.
We are aware that money alone can not always make up for the damage suffered. Neither will it soothe the pain of losing a loved one to death as a result of medical malpractice. Nevertheless, seeing those whose negligent actions caused such loss held accountable before the law may give a victim a necessary sense of closure. Furthermore, the monetary compensation for the damage and pain may also secure the financial future of both the victim and their family.
Marasco & Nesselbush medical malpractice attorneys in Providence, RI, are dedicated to providing legal representation and delivering outstanding results for those who have suffered as a result of negligence and malpractice by a healthcare provider. We bring a personal and compassionate approach to every claim that we handle, and will do everything that we can to give you the best chance for a positive outcome in your case. Our record of hundreds of successfully resolved cases shows that we are very effective at what we do. If you decide to work with us, you will be putting your financial security in safe hands.
The following information can help you understand what your current legal options might be, how your situation may compare to similar cases, and how we might be able to help you. Be sure to contact us as soon as possible to for a free personalized consultation about your unique case.
Defining Medical Malpractice
Not every mistake made by a doctor or a healthcare professional qualifies as a case of medical malpractice even if that mistake results in negative consequences for the patient. Nevertheless, any action or omission on the part of a medical professional that deviates from the appropriate medical standard of care usually entitles the injured patient to pursue a medical malpractice claim.
What is the medical standard of care?
Healthcare professionals including medical technicians and hospitals are required by law to adhere to certain standards while exercising their profession and administering treatment. Since medicine is a large and diverse field, this standard differs from specialty to specialty and from procedure to procedure. Nevertheless, it is always defined by the type and level of health care a skilled and competent medical professional could be reasonably expected to provide given the same or similar medical circumstances.
Other factors in medical malpractice cases
A failure to meet the medical standard of care is just one factor that must be proved to establish malpractice. There are more:
- Injury or damage – a patient needs to be able to show that damage or loss has taken place – for example, that his or her condition got worse, that he or she experienced unreasonable complications, or that the patient needed additional treatment to correct the damage. If a patient is unable to show resulting injury or damage from the malpractice, they will not be able to file a claim for malpractice.
- Legal causation – a patient needs to prove that, the injury or damage suffered was a result of the substandard care they were subjected to, and that this loss would not have taken place but for the negligence on the part of healthcare providers.
Typical medical malpractice cases
Medical malpractice claims often include, but are not limited to, the following circumstances:
- Failure to diagnose;
- Medication errors;
- Surgical errors;
- Errors in testing and screening;
- Lack of care/abandonment;
- Communication errors;
- Continuation of ineffective treatment;
- Improper use of medical instruments;
- Retention of surgical instruments in a patient post-surgery;
- Poorly or incorrectly performed treatment; and
- Lack of informed consent.
If you experienced negative medical results or any type of injury in relation to one of the situations listed above, or a similar one, please contact our attorneys immediately since you may have a basis for a medical malpractice claim and be entitled to financial compensation for your losses.
What Can You Be Compensated For?
This is often one of the first questions that we hear while talking to malpractice victims. There’s little wonder why – after all, your future financial security is at stake. Those who suffered from injuries as a result of a doctor’s negligence may find it difficult to return to work and they may also be in need of further medical treatment. This combination can jeopardize any household’s budget.
While no attorney is able to put a number on any given claim without first thoroughly investigating all related circumstances, we can tell you what types of financial losses can often be recovered in a medical malpractice claim. Depending on the case, those usually include:
- lost earnings
- lost earning capacity
- medical bills
- future health care costs
- pain and suffering
- mental anguish
- loss of consortium (see the wrongful death section below)
Wrongful Death Claims
The loss of a loved one is always devastating but the pain can be especially crushing if one knows that the death was preventable and occurred due to the negligence of a third party. If that is what happened to your family, our heart goes out to you. We are committed to helping you secure your financial future in this difficult time. If the death of your family member came to pass as a result of medical malpractice, the responsible health care providers should be held accountable for their negligent actions. In addition, you have every right to claim financial compensation on behalf of your deceased relative. This may include compensation for medical bills, lost future earnings as well as pain and suffering. You may also claim damages for funeral and burial expenses and loss of consortium. Rhode Island law also allows the plaintiff to claim punitive damages if negligence on the part of a healthcare provider was especially egregious.
The Statute of Limitations – Why You Should Act Quickly
Statutes of limitations mean that there is a limited time following an incident in which you may file a claim. This time is counted from the moment the medical error was made, or from the moment you should reasonably have discovered your injury or losses. These deadlines are strict and if you miss them, you will not be able to pursue your claim. It’s important to act quickly and discuss your case and legal options with a seasoned medical malpractice attorney in Providence without delay.
How Can Our Attorneys Help?
You may have heard that medical malpractice claims can go on for months and are difficult to win. In addition, the thought of going against a large institution – such as a hospital – may be intimidating. We completely understand that you may feel that way. Medical malpractice cases, however, can be won. What you need is an experienced attorney and a law firm that has the needed resources to be able to put up a fight against large medical institutions and their insurers. Our record of hundreds of successfully resolved cases proves that Marasco & Nesselbush medical malpractice attorneys in Providence, RI, have what it takes to bring your medical malpractice claim to a successful conclusion.
How exactly can we help you? Here’s a sample list of what we can do for you if you decide to work with us:
- Obtain your complete medical documentation from your previous healthcare providers
- Get in touch with medical experts and obtain their expert opinion on the severity of your injuries as well as how the may have come about as a result of your treatment
- Deal with your previous health care providers, their insurance companies, and lawyers
- Negotiate a fair and satisfactory settlement
- Vigorously represent your case in court if negotiations fail and work towards the best result with the jury
If you’re worried about the cost of working with a law firm like ours – stop. We work on a contingency basis. This means that not only will your initial consultation with us be free, but we will not ask for any payment throughout the duration of your case. We will only collect a fee if we secure a positive financial outcome for you. Our payment will then be a percentage of the compensation awarded to you, either in a settlement or through a jury verdict.
If you feel you may have a basis for filing a medical malpractice claim against your current or former health care provider, please contact our Providence personal injury attorneys. We will do everything that we reasonably can to help you recover as much as possible and to secure your financial future.