Have You or a Loved One Suffered Harm as a Result of Medical Malpractice?
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 may:
- Miss a diagnosis.
- Incorrectly diagnose or treat a medical condition.
- Prescribe or administer the wrong medication.
- Discharge a patient before he or she is ready.
- Do something else that is harmful or negligent.
In cases such as these, patients and their families may be eligible for compensation in a medical malpractice claim.
How to Choose a Medical Malpractice Law Firm
Joe Marasco discusses what to look for in an attorney when dealing with your medical malpractice claim. Look for a medical malpractice law firm that has the following:
- Medical consultant on staff
- Resources to advance up-front costs
- Network of medical experts
- No fee unless successful
- Experience handling cases like yours
Marasco & Nesselbush, LLP is one of the top medical malpractice law 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
Medical Negligence: 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.
- 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.
Under Rhode Island law, family members or the estate of an individual who has died due to the negligence of others may be 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 types of damages (injuries) such as the victim’s lost wages, lost earning 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 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.
- The negligent severing of nerves during surgical procedures.
- 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.
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 newborn 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
Nursing home negligence refers to medical errors which occur within the nursing home context. Regrettably, nursing homes are frequently understaffed and sometimes staffed by poorly trained or poorly supervised individuals. As a result, patients in nursing homes can be the victims of medical negligence.
Medical negligence can occur in many forms in the nursing home context. 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. Recordkeeping 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.
Statutes of Limitations in Rhode Island Medical Malpractice Cases
Ordinarily, in Rhode Island personal injury actions, an injured person must file a lawsuit in court within three years from the date the negligence occurred. This three-year time period is called the “statute of limitations.”
However, there are many exceptions to this three-year rule or three-year “statute of limitations.” The most common exception to the statute of limitations is what is referred to as the “discovery rule.” This rule says that the statute of limitations begins to run 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 apply. For example, the statute of limitations for injuries sustained by a child begins to run when that child turns 18. Similarly, if someone is under a “disability,” the statute of limitations may be tolled (put on hold) during the period of disability.
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 won’t be able to recover for your injuries simply because too much time has passed. 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.
Medical Malpractice Claim Attorney Fees
In all medical malpractice 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. Our fee is 40 percent of the total recovery. This is competitive with most other attorneys.
Please fill out a contact form or call us at 855-505-1092 for more information or a free legal consultation about a medical malpractice case.
$ Millions of Dollars Won for Our Medical Malpractice Clients
- $2,050,000 Recovery
- $1.5 Million Recovery
- $850,000 Settlement
- $819,000 Recovery
- $760,000 Settlement
- $500,000 Settlement
- $470,000 Judgment