Medical Malpractice Lawyer Rhode Island

The Medical Negligence team at Marasco and Nesselbush is here for you. We want to help you get your life back on track. Call Rhode Island’s trusted injury law firm at (401) 443-2999.

Get extraordinary results

For more than 20 years, Marasco & Nesselbush has provided trusted legal care for clients who have suffered life-altering injuries as a result of medical negligence.

We have recovered millions in medical negligence verdicts and settlements for:

  • Present and future accident-related medical costs
  • Present and future accident-related lost wages
  • Physical pain and mental anguish
  • Household expenses

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

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What is 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.

$5.1 Million

On behalf of the estate of a woman who passed away due to medical negligence

$3 Million

Recovery for the family of an infant who died as a result of medical negligence

$1.4 Million

Awarded to a client who suffered permanent injuries after a surgeon negligently damaged a nerve

$1 Million

Achieved after a five-year legal battle for a cancer survivor and victim of medical negligence

Case Results

Marasco & Nesselbush, LLP is a leading medical negligence law firms in Rhode Island. Our award-winning team of attorneys has recovered over $100,000,000 for clients who have suffered life-altering injures.

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About Us

You need a medical malpractice firm like us, 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

Learn more about us

"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.

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Amanda C.

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.

I love this law firm! My lawyer was compassionate, kind and understanding during a very difficult time.

M&N Barbara E.

They have been absolutely wonderful throughout my case-with a mix of professionalism and friendship all in one.

Marasco & Nesselbush, LLP is one of the top medical malpractice law firms in Rhode Island. Our personal injury attorneysget 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.

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Types Of Medical Malpractice Cases

  • Misdiagnosis
  • Wrongful Death
  • Surgical
  • OB/GYN
  • Nursing Home

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 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 legal and medical experts who can review your case and determine the long-term physical, emotional, and financial impact the negligence has caused.

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Wrongful Death

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.

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.
  • 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.

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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 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.

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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.

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Statute 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.

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About medical malpractice team

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 401-443-2999 for more information or a free legal consultation about a medical malpractice case.

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