RHODE ISLAND MEDICAL MALPRACTICE LAWYER
Medical malpractice is a national epidemic. Every year, 400,000 hospitalized patients experience preventable harm resulting in 100,000 deaths. Rhode Island has been ranked eighth among all states for the number of malpractice claims per capita.
Physicians face emergency situations where they must make urgent decisions using their best judgment with limited information. Sometimes, those decisions bring less than favorable outcomes. These situations do not necessarily constitute malpractice.
At the law office of Marasco & Nesselbush our personal injury lawyers hold doctors who harm patients through negligence accountable.
DO I HAVE A CASE?
If you think you may have a car accident case, contact us now for a FREE consultation
OUR CASE RESULTS
We are a leading Rhode Island personal injury law firm with over two decades of experience in multiple practice areas helping those wrongfully injured recover maximum compensation. Our efficacy is evidenced by the results we have achieved for our clients:
$7,270,000 Jury verdict for a client whose lifelong disabilities were caused by medical negligence.
$5.1 million awarded in the wrongful death of a woman due to surgical negligence
$3 million recovered for the wrongful death of an infant who died due to medical negligence.
$1,000,000 settlement for a cancer survivor who was a victim of medical malpractice
$900,000 recovered for a victim of obstetrical medical negligence that resulted in infertility
$900,000 recovered for a family whose infant passed away due to a hospital’s failure to provide an interpreter
TYPES OF MEDICAL MALPRACTICE CASES WE HANDLE
Medical malpractice occurs in virtually every medical practice area.
Diagnostic Errors
These include misdiagnosis, delayed diagnosis, and failure to diagnose. The most common causes are cognitive biases and lack of error reporting.
Surgical errors
The most common surgical errors include wrong-site, wrong-person and wrong-procedure errors, among others.
Systemic failures
These include communication breakdowns, challenges coordinating care, quality control deficiencies, and adverse working conditions.
Medication Errors
Conservative estimates of medication errors amount to 380,000 to 450,000 cases per year, accounting for one of nine medical malpractice cases. As many as 32% of medication error cases are wrongful death claims, compared to 18% in other case types.
Equipment Malfunctions
The FDA receives hundreds of thousands of reports every year about equipment failures. Such equipment can include vital life-support machinery and technology that maintains building systems and medical records.
Obstetrical errors
Birth injuries are a common consequence of obstetrical errors and occur in 0.06% to 0.08% of births. Forceps and vacuum-assisted deliveries carry the highest risks.
Hospital-associated infections
Patients contract infections in hospitals when the following protocols are neglected:
- Hand hygiene
- Contact precautions
- Antibiotic stewardship
- Antimicrobial prophylaxis where indicated
- Patient positioning, a common cause of bedsores in nursing homes
- Timely removal of catheters
- Decontamination of intensive care units
Falls
With 700,000 to 1,000,000 falls in hospitals annually, fall prevention is a challenge requiring a system-wide interdisciplinary approach to manage environmental and individual patient factors.
Falls present greater challenges in nursing homes due to the added susceptibility of residents to serious injury.
Regardless of the challenges, institutions have a legal duty to take reasonable measures to prevent falls.
Wrongful death
Medical errors cause an estimated 251,000 deaths every year in the United States. This is significantly more prevalent than in other developed countries.
Families of deceased medical malpractice victims are entitled to recover compensation. While compensation cannot make up for the loss of a loved one, it can provide financial security and a sense of justice.
WHO IS LIABLE FOR MEDICAL MALPRACTICE?
Any healthcare provider whose violation of a duty of care contributed to the injuries bears liability.
Healthcare providers include the following:
- Hospitals
- Long-term care facilities
- Blood center
- Pharmacy
- Physician
- Therapist
- Home health entities
- Health clinic
- Pharmacist
- Laboratory
- Practitioner
- Dentists
Any other health care facility, entity, practitioner or clinician
HOW MUCH COMPENSATION CAN I RECOVER FOR MY MEDICAL MALPRACTICE CLAIM?
The amount of compensation you can receive is specific to the details of your case. Medical malpractice cases are complex. There is no settlement calculator or formula.
The following factors influence how much compensation you can receive:
- The extent of your injuries. Injuries resulting in permanent disabilities generally result in higher compensation due to their lifetime impacts.
- Your earnings prior to the injury. Higher-earning plaintiffs who have lost earning capacity can receive higher compensation than those in lower-paying fields.
- Your share of fault. If you are partly at fault for your injuries, you can receive compensation, but your award will be diminished proportionately.
- The quality of your legal representation. Successful medical malpractice cases require an experienced legal team.
- The types of compensation you are eligible for. You may be eligible for economic, non-economic, and punitive damages.
WHAT IS THE TIME LIMIT TO FILE A MEDICAL MALPRACTICE LAWSUIT IN RHODE ISLAND?
The statute of limitations in Rhode Island medical malpractice cases is 3 years from the date of the injury or from the date the injury became known or reasonably should have become known. It is imperative that you contact a competent medical malpractice attorney as early as possible to allow adequate time to build your case.
HOW LONG DOES IT TAKE TO RECEIVE MY COMPENSATION?
Medical malpractice claims tend to take months or years to resolve. While we prepare every case as if it is going to trial, we successfully settle most cases, which results in a faster resolution. The state of Rhode Island requires defendants and their insurance companies to pay compensation within 30 days after settlement to avoid the penalty of paying high interest.
Even after a successful verdict, cases that go to trial can be appealed, which can extend the time frame considerably.
HOW MUCH DOES A RHODE ISLAND MEDICAL MALPRACTICE ATTORNEY COST?
At Marasco & Nesselbush, we have removed financial barriers for medical malpractice victims to receive quality legal advice and representation. In addition to offering a free initial consultation, we do not charge fees unless and until we win you compensation. Our fee is 40% of the total recovery, an amount that is competitive with other personal injury attorneys.
WHY SHOULD I CHOOSE MARASCO & NESSELBUSH TO HANDLE MY MEDICAL MALPRACTICE CASE?
We attribute our success to our commitment to hard work, honesty, intelligence, and integrity. We strive for nothing less than extraordinary results for each client. We value our attorney-client relationships and treat each client with the utmost dignity, compassion, and respect.
Our approach has won us recognition from our clients and peers. We are humbled to have been ranked in U.S. News & World Report as top-tier lawyers in three practice areas, including personal injury litigation, product liability litigation, and medical malpractice law.
Our staff of personal injury attorneys consistently receives designations for such distinguished honors as Super Lawyers and Rising Stars.
We accept personal injury cases throughout Rhode Island with office locations in Providence, Wakefield, Warwick, and Woonsocket.
Contact us today to schedule your free consultation.
“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.
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.
