
Over $1 Billion Won for Our clients
Helping Injured Victims Since 1975
Warwick Medical Malpractice Lawyers
Committed to Helping You Recover
When you seek medical care, you put your life in the hands of medical professionals who have years of experience and education. You trust that they will provide you with the best possible care, but what happens when they make a mistake? When you are the victim of a medical error, you have the right to take legal action to recover compensation.
Decof, Mega & Quinn, P.C. is dedicated to helping patients who have been injured by medical negligence. Our Warwick medical malpractice attorneys have the experience and resources to take on even the most complex cases. We have a proven track record of success, having recovered hundreds of millions of dollars for our clients.
If you were the victim of medical malpractice in Warwick, RI, call us today at (401) 200-4059 or contact us online to schedule a free consultation with our team.
What is Medical Malpractice?
Medical malpractice occurs when a healthcare provider fails to provide a patient with the appropriate standard of care, and the patient is injured as a result. The standard of care refers to the level of care that a reasonably competent healthcare provider with a similar background would provide to a patient in the same situation.
There are many types of errors that can occur in a healthcare setting, including:
- Failure to diagnose
- Misdiagnosis
- Delayed diagnosis
- Prescription errors
- Surgical errors
- Birth injuries
- Anesthesia errors
- Emergency room errors
- Failure to treat
- Medical product liability
- Failure to warn
How to Prove Medical Malpractice
Proving that you were the victim of medical malpractice is not easy. You will need to provide evidence that shows that the healthcare provider failed to provide you with the appropriate standard of care and that you were injured as a result.
To prove that you were the victim of medical malpractice, you will need to show:
- You were owed a duty of care: You must show that you had a doctor-patient relationship with the healthcare provider and that the healthcare provider had a duty to provide you with a certain standard of care.
- The healthcare provider breached the duty of care: You must show that the healthcare provider failed to provide you with the appropriate standard of care. This generally requires expert testimony from a medical professional who practices in the same field as the at-fault healthcare provider.
- You were injured as a result: You must show that you were injured and that the injury was caused by the healthcare provider’s negligence. You must also show that the injury caused you to suffer damages.
FAQs About Medical Malpractice
How long do I have to file a medical malpractice claim in Rhode Island?
In Rhode Island, the statute of limitations for medical malpractice claims is generally three years from the date the injury occurred or was discovered. However, if the injury wasn't immediately apparent, the three-year period begins when the injury was, or should have been, reasonably discovered. For minors, the statute of limitations typically starts on their 18th birthday. Missing this deadline can result in the loss of the right to pursue compensation.
What compensation can I recover in a medical malpractice lawsuit?
Victims of medical malpractice in Rhode Island may be entitled to various forms of compensation, including medical expenses, lost wages, pain and suffering, and other related costs. Notably, Rhode Island does not impose a cap on the amount of damages that can be awarded in medical malpractice cases. The specific compensation depends on the severity of the injury, the impact on the victim's life, and other case-specific factors.
Are there any caps on medical malpractice damages in Rhode Island?
No, Rhode Island does not impose caps on damages in medical malpractice cases. This means that there is no legal limit to the amount of compensation a victim can receive for economic or non-economic damages resulting from medical malpractice.
What should I do if I suspect I've been a victim of medical malpractice?
If you believe you've been harmed due to medical malpractice, it's important to act promptly:
- Document Everything: Keep detailed records of all medical treatments, communications, and any symptoms experienced.
- Seek Medical Attention: Obtain care from another healthcare provider to address any ongoing health issues.
- Consult an Attorney: Contact a qualified medical malpractice attorney to evaluate your case and guide you through the legal process.
Taking these steps can help protect your rights and improve the chances of a successful claim.
What steps are involved in filing a medical malpractice lawsuit?
Filing a medical malpractice lawsuit typically involves several steps:Gemma Law Associates, Inc.
- Initial Consultation: Meeting with an attorney to discuss the case and determine its viability.
- Gathering Medical Records: Collecting all relevant medical documentation to support the claim.
- Expert Review: Having medical experts review the case to establish whether the standard of care was breached.
- Filing the Lawsuit: Drafting and submitting the legal complaint to the appropriate court.
- Discovery Process: Both parties exchange information and gather evidence.
- Negotiation and Settlement: Attempting to reach a settlement agreement before going to trial.
- Trial: If a settlement isn't reached, the case proceeds to trial for a verdict.
Each case is unique, and the process can vary based on specific circumstances.
How Can A Medical Malpractice Lawyer in Warwick Help Me?
Medical malpractice cases are incredibly complex, and they can be very difficult to win. Many healthcare providers are represented by large insurance companies that have teams of attorneys. These attorneys will do everything in their power to avoid paying you the compensation that you deserve.
Having an experienced medical malpractice attorney on your side can help you level the playing field. An attorney can help you by:
- Investigating your case to gather evidence that proves that you were the victim of medical malpractice
- Working with medical experts who can provide testimony that supports your claim
- Handling all negotiations with the at-fault party’s insurance company
- Filing a lawsuit on your behalf and representing you in court, if necessary
At Decof, Mega & Quinn, P.C., we have the resources to take on even the most complex medical malpractice cases. We have access to a network of experts who can help us build a strong case on your behalf. We are not afraid to stand up to large insurance companies, and we will fight for your rights and best interests from start to finish.
Contact us today at (401) 200-4059 to schedule a free consultation with our Warwick medical malpractice attorney.
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