If you or a loved one has been injured in RI or MA due to a medical mistake by a doctor or other medical provider, you are entitled to compensation for your medical bills, lost income, pain and suffering and other losses. The experienced medical malpractice attorneys we work with here in RI and MA charge no fee until you receive a settlement or award. Contact us 24/7 for a (no obligation) case evaluation.
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What Is a Medical Malpractice Case?
Medical malpractice is simply a mistake or negligence made by a health care provider, which causes very serious injury or death to the patient. To the left of this page are listings of several more common types of mistakes doctors and other medical providers make. You can contact us to have one of the experienced medical malpractice lawyers we work to determine if you have a good case.
How to Win a Medical Malpractice Lawsuit?
Your lawyer must prove negligence or that the doctor or other health care provider failed to perform as a reasonable doctor, with similar training and experience, would have performed in the same situation.
One of the first things an experienced medical malpractice attorney will do is to order all of your medical records and have a medical expert review them to determine whether you have a good case and if a lawsuit should be filed. This can cost at least several hundred dollars so unless you have a serious injury, it will be difficult to get a lawyer to be willing to pay for these expenses.
Insurance companies, who insure doctors and hospitals, usually hire their own medical expert, who often will state that the doctor was not negligent. Because experts disagree on whether there is negligence, a lawsuit normally has to be filed. It is very expensive to hire experts and bring a case to trial. The insurance companies know this and use this to discourage lawyers from bringing lawsuits so that it is too expensive for a lawyer to litigate injuries that are not severe. Unfortunately, it can take a few years before a medical malpractice case comes to trial because the courts in Rhode Island and Massachusetts are backlogged with many cases.
In the vast majority of times, these cases end up in medical malpractice lawsuit, which can take years before it is resolved. You may not want to hear this, but it is unfortunately the truth. These are not cases that normally settle out of court quickly, like many car accident cases do.
What Can I Recover For?
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)
What Is Informed Consent?
Informed consent means more than saying “yes” to a procedure 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 doctor 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 medical malpractice lawsuit in RI or MA. Informed consent is not necessary in emergency situations, or when the patient is unconscious and unable to consent.
Signing a consent form is never 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.
Should I Hire a Medical Malpractice Lawyer?
The answer is simply yes because even if you have a clear cut case, the insurance company will often hire an expert doctor to see the facts in favor of the doctor and they may still deny your claim. These cases are handled on a contingency basis, which means there is no fee unless and until you receive a medical malpractice settlement or award. The attorneys we work with and their associated medical experts are qualified, experienced and ready to work on your behalf for a fair resolution to your case.
Why Our RI Medical Malpractice Lawyers Can Help?
We have been referring out these cases now for over 25 years now and know who the more qualified medical malpractice lawyers in Rhode Island and Massachusetts are for your particular case and we are committed to helping you find the most qualified lawyer for your specific type of 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.