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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, pain and suffering and other losses. The experienced RI 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.
What Can I Collect For My RI Medical Malpractice Case?
As great as the medical care is in this country, unfortunately doctors and medical providers are human and they sometimes make serious mistakes. If you believe yourself or a loved one has been the victim of medical malpractice in RI or MA, you may be entitled to compensation for medical bills, lost income, pain and suffering and any other related losses. The experienced RI medical malpractice lawyers we work with have filed and won many large RI medical malpractice lawsuits and charge NO FEES until you obtain a medical malpractice settlement or award.
What is a RI Medical Malpractice Case?
Simply stated, medical malpractice is an act or omission by a health care provider, which deviates from accepted standards of practice in the medical community, and, also causes serious injury or death to the patient. It 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. You can contact us to have one of the experienced RI medical malpractice lawyers we work with can easily tell you if you have a good RI medical malpractice case.
How to Win a RI Medical Malpractice Lawsuit?
In order to win or prove a RI medical malpractice lawsuit, your lawyer must demonstrate that the doctor or other health care provider’s standard of care fell below acceptable levels. This means they 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. Often, an experienced RI medical malpractice lawyer will first gather all of your medical records and have a medical expert review them to determine whether you have a good case and if a RI medical malpractice lawsuit should be filed.
Insurance companies, who insure doctors and hospitals, usually hire their own medical expert, who often will state that the doctor was not negligent. Often these cases end up in a RI malpractice lawsuit, which can take years before it is resolved. You may not want to hear this, but it is often the truth. These are not cases that normally settle out of court quickly, like car accident cases do.
What Does Informed Consent Mean?
Informed consent is a legal concept that may come up in RI medical malpractice lawsuits. Informed consent means more than saying “yes” and signing on the dotted line. In order to give informed consent, 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 may require the filing of a RI medical malpractice lawsuit. 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 RI medical malpractice lawsuit. The experienced RI medical malpractice lawyers we work with can determine if you have a good enough case where a lawsuit is warranted for lack of informed consent.
What Can I Recover in a RI Medical Malpractice Lawsuit?
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. Normally, you or your loved one can recover for:
- Medical Bills
- Lost wages or loss of future income
- Loss of consortium
- Pain and suffering
- Mental anguish
- Scarring (if applicable)
- Permanent disability
- Wrongful death (if applicable)
Why You Should Hire an Experienced RI Medical Malpractice Lawyer?
The answer is simple. An experienced RI medical malpractice lawyer will first order your medical records and then hire a medical doctor to review them to see if you have a case. This costs money and is an involved process. It would be difficult to try to do this on your own. Typically, these cases are handled on a contingency basis, which means there is no fee unless and until you receive a RI malpractice settlement or award.
Even if a doctor states that your doctor was negligent and caused you serious harm, normally the insurance company will hire their own medical expert, who often will state that your doctor was not negligent and a RI medical malpractice lawsuit will need to be filed. The attorneys we work with and their associated medical experts are qualified, experienced and ready to work on your behalf for a fair and efficient resolution to your claim.
Why Our RI Medical Malpractice Lawyers Can Help?
The attorneys at d’Oliveira & Associates have a wealth of experience handling personal injury and disability cases. We also know who the more qualified RI medical malpractice lawyers are for your particular 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 Massachusetts medical malpractice claim.