If you have been injured due to a mistake by a doctor or medical provider, you may be entitled to compensation for your medical bills, lost income, pain and suffering, among other losses. The experienced RI medical malpractice lawyers that we work with charge no fee until you receive a settlement or award. Contact us 24/7 toll-free at 1-800-992-6878 or fill out a contact form online for a free (no obligation) case evaluation.
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What is a Medical Malpractice Case?
Medical malpractice is simply a mistake made by a doctor or other health care provider in the course of treatment that causes serious injury to the patient. Doctors and nurses are held to a certain basic standard of care and when they fall below that standard, they are considered legally negligent, whereby the patient can receive compensation.
What Does a Medical Malpractice Case Cost?
Like most injury cases, medical malpractice legal fees are on a contingency fee basis. This means that you will not pay any fees unless you receive a settlement or award. The standard fee in this industry is a minimum of one third and a maximum of 40% of your settlement or award. Often times, the amount of money for expenses that a law firm invests in these cases can be in the tens of thousands of dollars. These can include many things such as court costs, paying for costs for experts to review medical records and writing up reports, as well as testifying. This is the main reason why medical malpractice lawyers have to be very selective in choosing to accept a case.
The medical malpractice insurance companies will rarely settle even a clear cut case of medical malpractice because making lawyers pay tens of thousands of dollars to bring these cases deters these lawyers from taking the less serious injury cases. This is extremely unfair and another reason why people do not trust insurance companies.
Who is Responsible for My Medical Malpractice Case?
The person or persons who are negligent or at fault are responsible for your injuries or the death of a loved one. These medical providers are insured and their insurance company will pay for your damages. Proving negligence or fault can sometimes be difficult because often the responsible party will try to deny that they made a mistake. The old saying is somewhat true that “doctors bury their worst mistakes.”
What happens After I Call You?
The first consultation over the phone will be to get the basic information we need to determine if the injuries are serious enough to warrant bringing an expensive medical malpractice lawsuit and if there is any evidence that your injuries were caused by the negligence of a medical provider.
The next step is to meet with an experienced medical malpractice lawyer, at which time your medical records will be ordered and an expert doctor in that field will review the records to see if there is enough evidence to prove fault. This discovery phase can last for several months.
If fault or negligence can be proven, a medical malpractice lawsuit, on your behalf, will be filed in court. In sum, the attorney will be preparing your case for trial in the hope that the insurance company will want to settle out of court. During this phase, the attorney will prepare exhibits, consult with medical experts, depose witnesses and prepare your testimony, among many other things.
How Long Does it Take?
Unfortunately, most of these cases are complex and can take years before they are resolved. Each case is different so it is difficult to say for certain how long it will take. Normally it will take at least three (3) years before the insurance company will want to even consider settling the case out of court. They do this to deter lawyers from bringing medical malpractice lawsuits for the less serious types of cases.
Types of Medical Malpractice:
- Anesthesia Mistakes
- Birth Injuries
- Breast Cancer
- Cancer Misdiagnosis
- Cerebral Palsy
- Emergency Room Mistakes
- Erb’s Palsy
- Failed Back/Neck Surgery
- Failure to Diagnose Heart Attack
- Gallbladder Surgery Errors
- Gastric Bypass Errors
- Gynecology Errors
How to Succeed in a Medical Malpractice Lawsuit
One of the first things a medical malpractice lawyer should do is order all of your medical records and have a medical expert review them to determine if a lawsuit should be filed. This is an important part of evaluating a medical malpractice case and can be costly depending on the facts of the case.
The insurance company will work hard to protect their own interests and to defend the medical professional accused of malpractice. This means they will generally deny the doctor was negligent and hire their own medical expert to try to disprove your claims.
Due to the fact that medical experts may disagree as to whether negligence exists, a lawsuit will usually be filed. However, it is very expensive to hire experts and to bring a case to trial. The insurance companies are aware of this and often attempt to discourage lawyers from filing lawsuits due to the complexity and costly nature of litigating medical malpractice cases.
The entire process of handling a medical malpractice case can be complex and stressful. It is important to hire an experienced lawyer who can navigate the complexities of your case and negotiate with the insurance company while you focus on healing and getting back on track. The medical malpractice lawyers we work with in RI and MA understand this process and can make sure you receive the compensation you deserve for your injuries.
What Am I Eligible To Recover?
Typical compensation is for:
- Medical Bills
- Lost income, past and future
- 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 inform the patient of reasonable alternatives to a proposed treatment plan. A reasonable alternative can include doing nothing in some situations.
There must be an indication that the patient understood all of the information that was provided to them before they consent. Consent must be voluntarily given by a competent individual. Failure to obtain informed consent is a violation of patients’ rights and also may induce the filing of a medical malpractice lawsuit in Rhode Island. However, informed consent is not necessary in emergency situations, or when the patient is unconscious and unable to consent.
Should I Hire A Medical Malpractice Lawyer?
Hiring an experienced medical malpractice lawyer greatly increases your chances of winning your case or receiving a larger settlement. The insurance company will often hire their own expert in an effort to try to 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 lawyers and the medical experts that we work with are qualified, experienced, and ready to work on your behalf to achieve a fair resolution for your case.
Contact an Experienced RI Medical Malpractice Lawyer
If you or a loved one has been injured due to the medical mistake of a doctor, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, among other losses. It is important to hire an experienced RI medical malpractice lawyer to handle your case and make sure you receive all the compensation you are entitled to. Contact us 24/7 toll free at 1-800-992-6878 or fill out a contact form online for a free consultation of your Rhode Island medical malpractice claim.