No matter the reason for a hospital visit, the responsibility of the medical staff is to provide excellent care. Unfortunately, that is not always the case.
A 2016 study by Johns Hopkins listed medical errors as the third-leading cause of death in the US. Even when not resulting in death, clinical errors or negligence can lead to life-altering injuries, large medical bills, and a decrease in the quality of life.
If you or a loved one has been injured because of medical malpractice in Warwick, Rhode Island, call Marasco & Nesselbush’s local office at 401-443-2999 for a free consultation.
When a Medical Malpractice Claim or Lawsuit is Necessary
There are many situations that can make a medical malpractice claim or lawsuit necessary after treatment from a medical professional. No matter the case, it is imperative to avoid talking to an insurance company before consulting with an attorney. You don’t want to jeopardize your potential legal claim.
Some common types of medical mistreatment our law office sees in Warwick, Rhode Island, include the following.
While the majority of surgeries are successful, surgeons sometimes make mistakes. This might include causing injury during a procedure or leaving tools and instruments inside the patient.
There are certain health concerns that must be diagnosed and treated right away. An inaccurate or late diagnosis could lead to death or permanent damage.
Birth injuries or OB/Gyn negligence
At times, due to negligence during prenatal care or delivery, serious injury is caused to either the mother or the baby. These injuries can have a lifelong effect on both the child and parents. Complications during gynecological procedures can also be the cause of personal injury.
Nursing home negligence
Nursing homes are in place to provide valuable care for a vulnerable population. However, these facilities are often understaffed. Poor supervision and training cause a large number of accidents and injuries such as falls or untreated medical concerns.
Errors related to medication dosage or prescription can cause serious damage. A physician might prescribe the wrong medication, or a pharmacist could make an error when filling out the prescription.
What Damages Can Be Claimed for Medical Malpractice in Warwick, Rhode Island?
The medical malpractice attorneys at Marasco & Nesselbush have won over $1 million on behalf of our clients. Your medical malpractice attorney will thoroughly research your case. Afterward, he or she can determine the liability and damages that can be claimed in your case. These damages may include pain and suffering, medical expenses, and lost wages.
Physical and mental pain and suffering
Medical malpractice results in overwhelming physical and emotional stress. Psychological damages due to scarring, disfigurement, or a loss of quality of life are also possible damages that can be claimed.
Cost of medical treatment due to personal injury
In addition to the physical and emotional impact of medical mistreatment, additional medical bills for follow-up treatment can easily start piling up as well. These expenses can be covered as part of a medical malpractice claim.
Lost wages and earning capacity
Another economic impact of medical malpractice is due to lost wages, both past and future. Claims can include missed income during the recovery process, and evidence can be presented to claim loss of future earning capacity.
Each case is different, and there are various complex factors that determine the type and quantity of damages that can be claimed. Our attorneys will do the necessary research to fully understand the specifics of your case.
Marasco & Nesselbush is here to provide you with the legal advice you need to understand your legal rights. As Rhode Island’s trusted medical malpractice law office, we can help you explore your options for fair compensation.
Medical Malpractice Laws in Warwick, Rhode Island
Each state differs in regards to laws surrounding malpractice claims. For example, while some states have a cap on the amount of damages that can be awarded in a medical malpractice case, Rhode Island does not.
It is essential to hire a local attorney who is well versed in Rhode Island law. The personal injury lawyers at our Warwick office know how to apply the following state laws about medical malpractice claims to your case.
Statute of limitations
There is often a time limit, or statute of limitations, for a patient to start the claim process for medical malpractice. For example, in Rhode Island, this is generally 3 years. There are certain exceptions, depending on the age and capacity of the patient and the circumstances of the claim.
Your lawyer will know the details surrounding your case. He or she will make sure to file all necessary documentation before the deadline so you don’t have to worry about it.
Pure comparative negligence rule
Sometimes, one party may not be entirely at fault. A doctor or other health service provider might say that the patient was partially at fault for the injuries he or she received. If this is true in your case, you can still receive compensation.
Unlike some neighboring states like Massachusetts, Rhode Island has a pure comparative fault law. Even if the patient was partially at fault, he or she can claim a certain part of the damages. For example, if you were deemed to be 40 percent at fault, you could still receive 60 percent of the damages.
You can be sure that our attorneys in our Warwick law office will make sure to accurately determine how much compensation you deserve according to all applicable RI laws and regulations.
How Your Medical Malpractice Lawyer Will Fight For You
If you have been injured as a result of a medical error, you likely have many questions and concerns. Rhode Island law surrounding malpractice can be complex and may seem overwhelming to understand.
Rest assured, you don’t have to handle the legal aspects of your case on your own. Our Warwick attorneys are here to provide the support and guidance you need during this difficult time.
When Marasco & Nesselbush takes on your case, you can be confident that your attorney understands state law. Whether it is determining liability, eligible damages, or other legal requirements, he or she is equipped to handle your medical malpractice case.
They work very hard on your behalf and will always return emails and phone calls. More than that, they will regularly reach out to give you updates on your case or to check in and see how you are doing. On a scale of 1 - 10: if I could give you 10+ I would! They have been wonderful!!
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.
Not many were willing to take this unique case on, but M&N and my attorney has earned my respect and gratitude for their efforts. Thank you, again!
Marasco & Nesselbush has the best team in their industry! I was treated professionally from the beginning to end. There was no question or concern that was not meet with a timely and satisfying answer. Even when I had small needs outside of my case. I HIGHLY recommend this team of professionals. Their values and determination can not be beat!
Everyone at Marasco & Nesselbush has provided me with superb attention and support throughout my case and time with them. I was so grateful for their professionalism and care. Thanks and much appreciation!
When an accident happens, it's hard enough to get through that, then trying to find a great lawyer to help is even harder, but y'all made the whole process easy, and provided comfort and understanding. You also provided ease and determination with no back down attitudes. I will definately be recommending and will always be appreciative for the care you showed my son and my self! Thank you!
Ryan and his team were very polite and knowledgeable. Most importantly they were extremely responsive whenever I had questions or concerns through out the entire process. Certainly would recommend to a family member or friend.