What Are the Chances of Winning a Rhode Island Medical Malpractice Lawsuit?

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Hospital errors sometimes result in life-altering injuries and even death.

In a recent case, a surgeon damaged a nerve during a recommended surgery. Even though it caused permanent injury, the defendants tried to deny that there was a problem. Marasco & Nesslebush’s hard-working medical negligence team pursued and recovered financial compensation for the victim. Our hope is that the $1.4 million award relieved our client’s financial burden and helped the family move forward.

If you or a loved one suffered medical harm in Rhode Island, you deserve justice and compensation for your losses. Nothing can really make up for the loss of a loved one or a decline in your health. Yet, a successful medical malpractice claim can restore your peace of mind and relieve you of the expensive burdens of medical debt and rehabilitative care.

What You Need to Know About Medical Malpractice Lawsuits

First, the lawsuit must meet the legal definition of medical malpractice, which includes four components:

  1. The defendant (the person being sued) owed the plaintiff (the person suing) a duty of care
  2. The defendant failed to uphold the duty 
  3. The defendant’s negligence caused an injury
  4. The injury led to financial damages

Medical malpractice claims involve treatment provided by a variety of healthcare providers, such as:

  • Physicians 
  • Surgeons
  • Nurses
  • Hospitals
  • Clinics and outpatient facilities
  • Nursing homes
  • Other healthcare professionals or organizations

The Factors That Could Influence Your Chance of Victory 

Our experienced personal injury team can determine whether you have a valid claim during a free case evaluation. Consider these important factors that could influence a legal decision:

  • Your choice of lawyer: Does your attorney have the experience necessary to handle a complex case? What is the reputation of the law firm? These are questions you want to ask when deciding which legal team should defend your rights. Marasco & Nesselbush, commits to providing extraordinary legal care for injured RI residents and their families. Since 1999, we have worked vigorously to attain favorable resolutions for our clients.
  • The statute of limitations: Rhode Island, like every other US state, imposes a statute of limitations on medical malpractice lawsuits. This regulation is a strict deadline. Once the time expires, you will likely forfeit any chance to file a legal claim. Since getting in touch is urgent, Marasco & Nesselbush isw open 24/7. You can call us at 401-443-2999 anytime to schedule a free case review.
  • How quickly you contact us: Besides the pressure of the statute of limitations, insurance companies also set time restrictions. Greedy companies will use these deadlines to reject your claim if you are not careful. Contacting our experienced legal team as soon as possible maximizes the time available for our legal team to build a strong case on your behalf.

What are the chances of winning a malpractice lawsuit in Rhode Island? One research study examined 20 years’ worth of malpractice claim outcomes. Researchers found that plaintiffs with strong evidence of medical negligence won 50 percent of the time at trial.

Yet, most medical malpractice claims never go to court. Just as you might wonder about your chances, insurance companies have to calculate their odds of success. Insurers are aware that medical malpractice claims that go to trial usually cost more than claims settled pre-trial. To avoid legal fees, companies often conclude that negotiating a cash settlement would be more prudent than fighting a lawsuit in court. 

Compensation That Could Be Awarded

In rare cases punitive damages may also be awarded. However, typical insurance compensation can compensate for:

  • Lost wages
  • Medical bills
  • Pain and suffering
  • Emotional damages
  • Attorney fees and costs

According to an analysis by the US Department of Justice, insurance payouts benefitted certain claimants more than others. The largest compensation amounts were awarded to:

  • Those whose injuries are permanent or disfiguring (e.g. loss of limbs, eyes, or organs)
  • Those who suffered catastrophic injuries (e.g. brain damage, paralysis, blindness)
  • Those whose injuries diminished their life expectancy (i.e. fatal prognosis)
  • Wrongful death cases

By way of contrast, the lowest median payouts went to:

  • Those whose injuries were temporary (e.g. infections, medication side effects, infections)
  • Those with emotional injuries (e.g. fright, depression) 

Marasco & Nesselbush’s Experience Makes a Difference 

If you want to improve your chances of a favorable outcome, you should hire experienced medical malpractice lawyers. The Marasco & Nesselbush medical negligence team has a long history of winning life-changing settlements for our clients. Our attorneys can seek compensation for your medical bills, lost wages, and pain and suffering. 

Your chances of winning a medical practice lawsuit depends on the circumstances unique to your case. To find out more, please have your case evaluated by an experienced attorney in a free consultation session.

Call us at (401) 443-2999 any time of day or night.