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Medical Malpractice
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What is Medical Malpractice?
Common Types of Medical Malpractice
How to Prove a Medical Malpractice Claim?
What is Informed Consent?
What Damages can be Recovered from Medical Malpractice?
Why You Need a Medical Malpractice Attorney?
Why We Are Successful - Our Qualifications
Every year thousands of people are injured as a result of medical
malpractice. Nationally, the Harvard Medical Practice Study estimated
that, each year, more than 180,000 people die, at least in part,
because of medical mistakes. At the law offices of d'Oliveira & Associates,
P.C., we are committed to providing our clients from Rhode Island,
Massachusetts or any where with outstanding legal representation
and legal services. Most importantly, if you believe that you
or a loved one has been the victim of medical malpractice, you
need
a law firm that can handle these cases. Remember, we never charge
you any fees or expenses, unless your case is successful. To
fill out a confidential form, CLICK
HERE.
What is Medical Malpractice?
Medical malpractice is an act or omission by a health care provider,
which deviates from accepted standards of practice in the medical
community. The deviation causes injury or death to the patient.
Medical malpractice is a form of professional negligence. People
who commit medical malpractice are not just limited to doctors.
Other parties such as nurses, surgeons, techinicians, pharmacists,
physician’s assistants, dentists, therapists and other medical
staff can all be liable for medical malpractice.
back to top Common Types of Medical Malpractice:
There is an infinite number of medical malpractice mistakes or
negligent conduct that doctors and other medical professional commit
each year. These mistakes are usually due to careless actions.
The most serious types of medical malpractice are:
Birth Defects and Birth Injuries
Nursing
Home Neglect
Failure
to Diagnose or Improper Diagnosis Improper Use of Anesthesia
Surgical Error or Negligence
Medication or Prescription Errors
Hospital and Hospital Staff Negligence
HMOs Negligence
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How to Prove a Medical Malpractice Claim?
In order to prove a medical malpractice claim, you must prove
three elements. First, that the doctor or other health care provider’s
standard of care fell below that of accepted standards. The doctor
failed to do what a reasonable doctor with similar training and
experience would have done in the same situtation. Members of the
medical profession have a high level of care which they must maintain
due to the nature of the work they perform. Second, the lack of
care must have caused injury or loss to the patient. Proving the
lack of care caused the injury or loss to the patient is specific
to each case. The mistake may be obvious, such as a surgical instrument
left in a patient after an operation, or it may need the help of
expert testimony. Third, it must also be fair and reasonable to
hold the health care provider responsible for the damages caused
to the patient. If all three elements are proven, you likely will
have a successful medical malpractice lawsuit.
back to top What is Informed Consent?
Informed consent is a legal concept, which may come up in medical
malpractice suits. Informed consent means more than saying “yes” and
signing on the dotted line. In order to give informed consent,
the patient must have actually received information. The patient
must be advised of the risks of the operation or procedure they
are scheduled to undergo, including general risks and risks that
are specific to the patient. Reasonable alternatives and their
risks and benefits must also be mentioned. A reasonable alternative
can include doing nothing. There must be an assessment that the
patient understands all of what was said before they consent. Consent
must be voluntary and given by a competent individual.
Failure to receive informed consent is a violation of patients’ rights
and is also a form of medical malpractice. Patients have legal and ethical
rights to decide what happens to their body. Nevertheless, informed consent
is not necessary in all situations. It is only required when a doctor or medical
professional is performing a medical procedure or offering medical treatment.
Informed consent is not necessary in situations, like listening to the patient’s
heartbeat with a stethoscope. Informed consent is also unnecessary in emergency
situations or when the patient is unconscious and unable to consent.
However, signing a consent form, does not mean the patient consented to medical
malpractice or any form of negligent treatment by the doctor or other medical
professionals. Medical malpractice can still occur even when informed consent
was given and it is not necessarily a bar to bringing a medical malpractice
lawsuit.
back to top What Damages can be Recovered from Medical Malpractice?
As an
injured patient or the family/estate representative of a deceased
patient, you are entitled to compensation for the
harm you or your loved one experienced.
Injuries from medical malpractice vary from very minor injuries to wrongful
death. Thousands of people are killed each year as the result of medical
malpractice. You or your loved one can recover:
- Medical bills
- Lost wages or loss of future income
- Loss of services, support
and/or companionship
- Pain and suffering
- Scarring and disfigurement
- Permanent disability
- Paralysis
- Wrongful death
Why You Need a Medical Malpractice Attorney?
If a doctor or other health care provider did not treat you according
to the medically required standard of care, then that individual
was negligent. You or your loved one are entitled to compensation.
You need an attorney who can get you the compensation you deserve.
If this negligence caused you harm, then you may have a claim or
cause to file a suit for medical malpractice. All medical staff
and especially doctors have a duty to treat their patients in a
manner that conforms to the acceptable standard of care of similar
doctors or health care providers in the United States. Even so
called “tough-decisions” must conform to that standard
of care. If you believe that you or a loved one has been hurt because
your doctor or other healthcare provider was negligent, we can
help. Our attorneys and associated medical experts are qualified,
experienced and ready to work on your behalf for a fair and efficient
resolution to your claim.
back to top Why We Are Successful - Our Qualifications:
Paul d’Oliveria and his associate attorneys have settled
thousands of personal injury cases over the past 19 years. With
our experience and familarity with medical malpractice cases, we
can get you or your loved one the compensation you deserve. Some
of our largest settlements to date have been medical malpractice
claims. They include:
A middle-aged man broke his ankle. After undergoing surgery he
developed an infection in the bone and had to have his leg amputated
below the knee. Our firm, while maintaining joint responsibility,
referred the client to an experienced medical malpractice attorney
who brought the case to trial.
$7.5 million settlement
A child was taken to a local hospital. The parents were told the
child was only suffering from a cold. The child was sent home without
any tests being performed. The child was taken back to the hospital
and, was diagnosed with Meningitis. Our firm, while maintaining
joint responsibility, referred the client to an experienced medical
malpractice attorney who settled the case.
$ 1.2 million settlement
A disabled person lost the use of their arm due to medical negligence. The
individual underwent surgery for a pinched nerve when a doctor severed the
wrong nerve causing paralysis of the arm. Our firm, while maintaining joint
responsibility, referred the client to an experienced medical malpractice attorney
who settled the case.
$675,000 settlement
A baby suffered a head injury during a difficult delivery. Due
to distress an emergency c-section was performed. Our firm,
while maintaining joint responsibility, referred the client
to an experienced
medical malpractice attorney who settled the case.
$610,000 settlement
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