Rhode Island Medical Malpractice Attorneys

When you file a medical malpractice claim, you may be eligible to receive general, special, and/or punitive damages.

• General damages are designed to compensate you for any suffering you endured as a result of medical malpractice. These damages include physical and mental anguish, loss of enjoyment of life, and loss of future earning potential.
• Special damages seek to cover expenses you accrued because of medical malpractice. If you were severely injured, you likely had subsequent treatments and missed a fair amount of work. Special damages aim to reimburse you for these costs and medical bills and make sure you have the funds to cover any future medical expenses and/or rehabilitative care.
• Punitive damages are rare in medical malpractice cases, but they exist to punish any medical professional who was behaving knowingly or intentionally. Not only do these damages provide you with additional compensation, but they also make an example of whoever harmed you to discourage similar behavior in the future.

This is an excellent question and one of the most difficult for us to answer without reviewing your situation. Essentially, who you file a claim against will depend on where and how you were hurt. For example, if you were harmed in the hospital, you might not be able to sue the institution directly. Instead, you would file a claim against the doctor that hurt you, who was likely working as an independent contractor. There are, of course, exceptions to this rule, and you may be able to file a claim against a hospital if you were harmed in the emergency room or by an incompetent or dangerous doctor.

In many cases, supervisors and employers must accept responsibility for a medical professional’s behavior. One instance of this involves nursing errors. If a nurse makes a mistake with medication, you will probably have to file against the attending doctor or the facility they work for.

Rhode Island Medical Malpractice Laws

It's important to understand the medical malpractice laws in your home state. In Rhode Island, a person who is injured by medical malpractice will need to comply with basic rules.

Here are some basics to consider if you're claiming medical malpractice:

• The case must be filed within three years of the occurrence of the medical error or initial discovery of the injury.
• Rhode Island does NOT impose a cap on economic or non-economic damages.
• This state follows "pure comparative negligence" standards which allow an injured party to recover a monetary award in a medical malpractice case if it can be proven that they were more than 50% responsible for an injury.

Hiring a skilled medical malpractice attorney can help you focus on recovery rather than the logistics of your medical malpractice case. There are many important deadlines to consider when bringing forth a personal injury case of this nature, so contact one of our Rhode Island medical malpractice lawyers today to schedule a consultation.

How to Find a Medical Malpractice Attorney in Rhode Island

If you or a loved one has been injured due to medical negligence, it is critical that you find the right medical malpractice attorney. Medical malpractice cases require extensive skill, experience, and dedication in order to hold healthcare providers accountable for their negligent care. A good medical malpractice attorney can make all the difference in obtaining the compensation you are entitled to after an injury caused by someone else's negligence.

Here are a few tips to help you determine if the medical malpractice lawyer you are interviewing is right for you:

• Research the attorney's experience: Experienced medical malpractice lawyers have a better understanding of the complexities that come with such cases and will know how to navigate them for maximum success.
• Check their record of success: A successful background in this area can indicate not only an experienced lawyer, but a passionate one who is committed to getting results for clients.
• Look into their practice areas: Many attorneys focus on certain types of medical negligence, so make sure your attorney has the right experience in your specific case type before making a decision on representation.
• Ask about costs and fees: Be sure that you understand all associated costs upfront before signing any papers with an attorney so there are no surprises down the road if they win or lose your case.
• Inquire about available resources: Find out what kind of support staff, investigators, and other professionals will be working on your case to ensure you get the highest level of service possible from start to finish.
• Consider their communication style: Discussing legal matters can often be intimidating or frustrating; make sure you are comfortable communicating openly with your prospective lawyer throughout every step of the process.
• Seek referrals and reviews from past clients: To get an unbiased opinion of a medical malpractice lawyer's performance, ask them for references or read online reviews from past clients who have used the same attorney.

The attorneys at Decof, Mega & Quinn, P.C. have a long track record of success in obtaining multimillion-dollar verdicts and settlements against doctors, nurses, surgeons, anesthesiologists and other healthcare professionals who have committed medical malpractice. With over 200 years of combined legal experience and over $1 billion recovered for victims of negligence nationwide, our firm will fight tirelessly for your rights as a patient and ensure that justice is served.

Frequently Asked Questions About Medical Malpractice

How do I prove medical malpractice in Rhode Island?

To succeed in a medical malpractice claim in Rhode Island, the plaintiff must prove four essential elements:

1. Duty of Care: The healthcare provider owed a duty of care to the patient.
2. Breach of Duty: The provider failed to adhere to the accepted standard of care.
3. Causation: The provider’s breach directly caused injury or harm to the patient.
4. Damages: The patient suffered measurable damages, such as medical expenses, pain and suffering, lost income, or disability.

Expert testimony is often required to establish the appropriate standard of care and demonstrate how the provider’s negligence caused the patient’s harm.

What is the statute of limitations for filing a medical malpractice lawsuit in Rhode Island?

In Rhode Island, the statute of limitations for filing a medical malpractice lawsuit is generally three years from the date the injury occurred or when the patient reasonably should have discovered the injury. However, exceptions may apply, such as cases involving minors or situations where the injury was not immediately apparent. If a claim is not filed within this period, the plaintiff may lose the right to pursue compensation.

Are there any exceptions to the statute of limitations in Rhode Island?

Yes, Rhode Island law provides some exceptions to the three-year statute of limitations for medical malpractice claims. For instance:

• Discovery Rule: If the injury was not immediately apparent, the statute may be extended to three years from the date the patient discovered or should have discovered the harm.
• Minors: For minors, the statute of limitations may be extended, allowing them to file a claim within three years after turning 18.
• Fraud or Concealment: If the healthcare provider concealed the malpractice or engaged in fraud, the statute of limitations may be tolled until the fraud is discovered.

Do I need an expert witness for a medical malpractice claim in Rhode Island?

Yes, expert testimony is typically required to prove medical malpractice in Rhode Island. An expert witness, usually a qualified medical professional in the same field as the defendant, can provide critical testimony about the standard of care, whether the provider’s actions deviated from that standard, and how the deviation caused the patient’s injury. Without expert testimony, it is difficult to establish the essential elements of a malpractice claim.

Is there a cap on damages in medical malpractice cases in Rhode Island?

Rhode Island does not have a statutory cap on economic or non-economic damages in medical malpractice cases. This means that plaintiffs may recover full compensation for both their financial losses and pain and suffering without a legal limit. However, punitive damages, which are intended to punish egregious misconduct, may be subject to judicial scrutiny.

How long does a medical malpractice case take in Rhode Island?

The duration of a medical malpractice case in Rhode Island can vary significantly depending on the complexity of the case, the amount of evidence, and whether the case settles or proceeds to trial. On average, medical malpractice claims may take anywhere from 12 months to several years to resolve. Cases that settle may be resolved more quickly, while those that go to trial can take much longer due to the extensive discovery process and court scheduling.

What is the process for filing a medical malpractice lawsuit in Rhode Island?

Filing a medical malpractice lawsuit in Rhode Island involves several steps:

• Consultation with an Attorney: A medical malpractice attorney will evaluate the case and determine its viability.
• Investigation and Expert Review: Medical records are reviewed, and an expert opinion is obtained to support the claim.
• Filing the Complaint: A formal complaint is filed with the appropriate Rhode Island court, outlining the allegations of negligence.
• Discovery Process: Both parties exchange evidence, take depositions, and prepare for trial.
• Negotiation or Trial: Many cases settle before trial, but if a settlement cannot be reached, the case proceeds to court for a verdict.