Marasco&Nesselbush personal injury lawyers


Having surgery can be an overwhelming experience before, during, and after the procedure. Many extraordinary surgeons perform procedures that help save the lives of their patients and enhance quality of life. Unfortunately, due to a wide range of mistakes, a patient can also suffer serious injury, illness, or even death at the hands of a negligent doctor.


While most surgeries are successful, some cause a patient to suffer infection, paralysis, medication overdose, and varying medical conditions. Patients may suffer harm from one, or a combination of, the following:

  • wrong-site surgery;
  • wrong surgical procedure;
  • medication errors;
  • surgeon or nurse fatigue;
  • misdiagnosis;
  • the failure to diagnose;
  • contaminated surgical tools and equipment;
  • preoperative clearance failures;
  • postoperative care failures;
  • anesthesia accidents;
  • the failure to remove surgical sponges or other objects; and
  • violation of informed consent.

At Marasco & Nesselbush, our Rhode Island personal injury attorneys have successfully handled many Rhode Island surgical negligence cases involving each of the areas listed above.


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Surgical negligence is not limited to the surgical procedure itself. A patient could suffer serious harm if medical professionals fail to make known the risks and consequences of the procedures and alternative treatments. Another issue that can arise before surgery and lead to patient harm is improper clearance for surgery as well as the misinterpretation of, or the failure to perform, pre-admission or preoperative testing.


During surgery, if any part of the procedure, no matter how minor, is negligently performed, it is possible for a patient to suffer an injury that can significantly worsen their condition or cause a new ailment. Even though anesthesia carries with it specific risks, medical professionals are responsible for administering the proper dosage and monitoring the patient. The use of sterilized tools and equipment during surgery is essential in ensuring that patients do not develop an infection or contract a disease.


According to the American Academy of Orthopedic Surgeons (AAOS), 5.6% of reported medical errors were wrong-site procedures or wrong procedures. Of these, approximately 59% involved the wrong side, 23% related to another wrong site (the wrong finger on the correct hand), 14% involved the wrong procedure, and 5% of incidents involved the wrong patient. Wrong-site surgery can take place within all surgical areas, but it is reported to be most common among orthopedic surgeons and neurosurgeons, with about 68% of claims in the U.S. relating to orthopedic surgery.


After surgery, a patient must be closely monitored by medical professionals to ensure that they don’t suffer hemorrhaging, infection, medication overdose, oxygen deprivation, bed sores, and other problems. Proper postoperative care is essential for a patient’s recovery. Also critical are the determination whether additional surgery or medical treatment is needed, when a patient can go home, and what instructions for care at home a patient should implement.

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As patients, we trust and rely on our surgeons and hospital staff to provide a high standard of care. If a health care professional fails to exercise reasonable care and a patient is hurt or dies as a result, a patient may pursue a surgical malpractice lawsuit to recover damages for pain and suffering, lost wages, medical bills, and other losses.

Our Rhode Island medical malpractice attorneys will skillfully resolve your surgical negligence claim. We will consult with our trusted medical experts to provide a prompt and thorough medical and legal analysis of the case. We put our clients’ best interests first, and our priority is to hold medical professionals accountable for their negligence or oversight. Please contact us today for more information or a free consultation by calling 401-443-2999.


a father and mother reading a book to their two children 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 !!!!!”
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