If you or a loved one have suffered because of a wrong or missed diagnosis, unsuitable or dangerous prescription medication or unnecessary treatment, you may be in a position to claim financial compensation for your injuries and losses. Our medical malpractice attorneys in Wakefield, can offer you legal consultation and represent you before the doctors or the hospital responsible for your predicament.
When doctors and medical providers show negligence in their duties and fail to treat the patient according to the accepted standard, the individual in their care often pays the highest price – their health or even life. If you’ve fallen victim to medical malpractice, your rights are protected by the law. We will fight for a fair settlement for you and are prepared to take your case to court if necessary.
Pursuing financial compensation can ease the financial strain that you may be experiencing, and even help fund additional treatment or rehabilitation so that you can recover to the fullest extent possible. Legal recognition of your injuries and seeing the responsible party held accountable can provide a sense of closure which may help with emotional recovery too.
Our legal team is driven to deliver outstanding results for our clients. If you have a case, we will passionately represent you and tirelessly pursue a positive outcome for you – either a settlement or through a jury verdict. We have successfully won hundreds of such legal battles before and we are confident that we can help you too.
Did I Experience Medical Malpractice?
Doctors make mistakes more often than many realize. Sometimes these mistakes are serious enough to cause dangerous injuries or to put a patient’s health or life in jeopardy. If you’ve experienced any of the following, you may be a victim of medical malpractice:
Misdiagnosis or Delayed Diagnosis
This refers to when a doctor makes a wrong diagnosis, or when an accurate diagnosis is not made in a timely manner. This may lead to prescribing the wrong treatment or medication which at best may do nothing to treat the problem and at worst can aggravate the patient’s condition. While providing an accurate diagnosis is the responsibility of your doctor, other parties may be also involved. For example, a doctor may have made a wrong diagnosis due to errors in diagnostic tests caused by faulty equipment, or mixed or contaminated samples. Common conditions that doctors sometimes fail to diagnose include asthma, cancer, heart attack, or stroke.
Avoidable surgical errors are one of the most common types of medical malpractice that result in lawsuits. Common mistakes include retained surgical instruments – or in other words, items inadvertently left in the patient’s body after the surgery (for example, sponges, gauze, needles or even scalpels or scissors). Another common surgical error is called “wrong side” surgery when a procedure is performed on the wrong body part or organ and may include amputation of a healthy limb. Other preventable surgical errors are related to infections, internal organ damage and nerve damage.
Medication errors may involve prescribing or administering wrong medication, incorrect dosage, medication which causes an allergic reaction, or failure to recognize contraindications. Failure to prescribe the necessary medication or failure to administer it quickly enough may worsen a patient’s condition.
These are injuries that occur before the birth of a baby- during prenatal care – or during childbirth. Birth injury negligence may include failure to recognize conditions such as birth defects, ectopic pregnancy, or an underlying condition of the mother, which may impact pregnancy or delivery. It could also include an unnecessary c-section, brain and organ damage related to a failure to monitor a baby’s oxygen intake or injury related to a decision to deliver the baby prematurely. A birth injury malpractice claim may be brought in relation to injuries or death of either a mother or a child. Birth-related malpractice cases may also involve wrongful death claims.
Defining Medical Malpractice
Not every medical mistake can be used as the basis for a medical malpractice claim even if it results in damages or loss to the patient. Due to the nature of the medical profession, each treatment entails some risk. In addition, some consequences and mistakes are impossible to predict and highly unavoidable.
In order for a medical mistake to be legally recognized as an instance of medical malpractice, the following conditions must be met:
If you are treated at a doctor’s office, a clinic, or a hospital, such relationship is implicit. On the other hand, if you suffer a bad outcome after following casual advice you may have heard from an acquaintance who happens to be a doctor, no doctor-patient relationship exists.
Negligence can be shown by a doctor, other medical professionals, a hospital, or a clinic. Negligence is indicated when you haven’t been treated according to an established standard of care. That is, what a reasonable and experienced doctor would or wouldn’t do given the same circumstances.
Actual Harm, Injury, or Damage
if you have experienced negligence but suffered no losses, you won’t be able to file a malpractice claim.
Most people won’t be able to tell the difference between an unavoidable mistake and a preventable error. This is why it is essential to contact an experienced medical malpractice attorney who can offer a professional opinion on the circumstances of the case
Types of Compensation
If you think you may have a medical malpractice claim, you may be wondering how much the claim is worth. It is impossible to give an accurate estimate of how much any given claim is worth before a thorough and careful analysis of the case, but financial losses, which have already been sustained can be compensated for. These may include:
Wrongful Death Claims
Wrongful death claims allow family members to bring a lawsuit on behalf of a deceased victim of malpractice. The family may claim compensation for the following losses:
- Cost of treatment and other medical expenses incurred by the deceased prior to his or her death
- Loss of the deceased person’s future estimated income
- Funeral and burial costs
- Loss of companionship and loss of consortium
- Pain and suffering damages for physical hardship suffered by the patient before his or her death
Contact Marasco & Nesselbush Medical Malpractice Attorneys Without Delay
In Rhode Island, there is a limited amount of time after an incident in which you may file a malpractice claim. This time is counted from the moment you discover that malpractice has occurred, or from the moment you reasonably should have discovered it. If you pass that deadline, you forfeit your right to bring a medical malpractice claim for the incident. Building a case takes time and your chances are best if you act as soon as possible.
Medical malpractice cases are notoriously difficult to win because large institutions such as hospitals employ experienced law firms to avoid any financial responsibility. Without the help of a seasoned attorney and a law firm with equally sizable resources, your claim is likely to fail. Our legal team will defend your claim aggressively and if we don’t win, you don’t pay.
If you’ve been a victim of medical malpractice in Wakefield, contact our legal team today to discuss how we might help you with your case.