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 contact 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.

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Common Types of Medical Malpractice

There are 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

• Erb's Palsy
• Cerebral Palsy

Nursing Home Neglect

Failure to Diagnose or Improper Diagnosis

Failure to Diagnose Breast Cancer

Failure to Diagnose/Misdiagnosis of a Heart Attack

Gastric Bypass Surgical Errors

Emergency Room (ER) Malpractice

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.

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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.

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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

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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.

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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.

Largest Settlements

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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Contact the Law Offices of d'Oliveria & Associates, P.C.

Please contact the law offices of d'Oliveira & Associates at 1-800-992-6878 or fill out a contact form for a free legal consultation.