If you or a loved one has been injured in RI or MA due to a medical mistake by a doctor or hospital, you may be entitled to compensation for your medical bills, lost income and pain and suffering. You are smart to research to find the best medical malpractice lawyer you can find. The medical malpractice attorneys we work with charge no fee until you receive a medical malpractice settlement or award. Call us toll free 24/7 at 1-800-992-6878 or contact us online for a free consultation with one of our RI medical malpractice lawyers.
As great as the medical care is in this country, unfortunately doctors and medical providers are human and they make mistakes. In certain circumstances, this is considered negligence or medical malpractice. If you believe yourself or a loved one has been the victim of medical malpractice, you may be entitled to compensation for medical bills, lost income, pain and suffering, and any other associated losses. The lawyers we work with are very experienced at handling medical malpractice lawsuits and charge no fee until you obtain a medical malpractice settlement or award.
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, and consequently causes injury or death to the patient. Medical malpractice is a form of professional negligence. Doctors are not the only people who are in a position to commit medical malpractice. Other parties such as nurses, surgeons, technicians, pharmacists, physician’s assistants, dentists, therapists, and other medical staff can be at fault as well.
How to Prove a Medical Malpractice Claim?
In order to prove a medical malpractice claim, you must demonstrate that the doctor or other health care provider’s standard of care fell below acceptable levels. This means you must show that the doctor failed to perform as a reasonable doctor with similar training and experience would have in the same situation. Members of the medical profession must maintain a high level of care due to the nature of the work they perform. Furthermore, failure to meet the standard of care must have been the cause of the patient’s injury or loss.
What is Informed Consent?
Informed consent is a legal concept that 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, as well as those risks that may be specific to the patient. The provider must also note reasonable alternatives and their accompanying risks and benefits. A reasonable alternative can include doing nothing in some circumstances. There must be a determination that the patient understood all of the information that was provided to them before they consent. Lastly, this consent must be voluntarily given by a competent individual.
Failure to obtain informed consent is a violation of patients’ rights and also constitutes 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, checking a patient’s height/weight, or performing other routine aspects of a checkup, for instance. Informed consent is also unnecessary in emergency situations, or when the patient is unconscious and unable to consent.
Signing a consent form should not be interpreted as that patient’s consent to medical malpractice or any form of negligent treatment by the doctor or other medical professional. Medical malpractice may still occur even when informed consent was given. Informed consent is not necessarily a bar to bringing a medical malpractice lawsuit.
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 in their severity, ranging from very minor injuries to more extreme incidents of 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
- 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 money you deserve. If a medical provider’s negligence caused you harm, then you may have a claim or cause to file a lawsuit 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.
All medical staff, 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 for you to reach a fair and efficient resolution to your claim.
Why We Are Successful – Our Qualifications:
The attorneys at d’Oliveira & Associates have a wealth of experience handling personal injury and disability cases. We know who the better medical malpractice lawyers are for your case and are committed to helping you obtain a qualified and effective legal representative. The medical malpractice attorneys we work with charge no fee until you recover an award or a settlement for your case.
Feel free to call our 24-hour, toll-free hurtline at 1-800-992-6878, visit one of our offices, or fill out an online contact form today for a free consultation of your Rhode Island or Southeastern Massachusetts medical malpractice claim.