When a doctor commits malpractice, it’s considered to be a form of negligence. It’s a form of professional negligence. This means that the doctor’s conduct, in performing whatever procedure it was, fell below the standards of care. In order to win, you need to have another doctor familiar with those standards of care testify… Read More »
There are important time deadlines within which a Rhode Island medical malpractice case must be filed in court. Generally, that is three years from when the malpractice occurred or when it should reasonably have been discovered. There are some exceptions to that, particularly when dealing with minors. A minor’s claim does not start to… Read More »
When a patient dies because of medical malpractice, the case is brought in the name of their estate. So then a state action is filed in the probate court and a party is appointed to represent the estate. In addition, when someone dies because of medical malpractice, their spouse and their children, their minor… Read More »
In Rhode Island, a medical malpractice case often involves claims for pain and suffering, as well as for lost earnings and loss of use, permanent loss of use of a bodily part.
When a family member dies as a result of medical malpractice, the surviving family members have claims that they can bring under what’s called the Wrongful Death Statute. In addition, the person’s surviving spouse also has claims.
In Rhode Island, when a medic malpractice case is brought there is a law called the collateral source rule, which applies and says that you cannot recover for your medical bills which have been paid for by your health insurer. So since you do not recover for those medical bills under the medic malpractice… Read More »
In Rhode Island, you do not need to hire an attorney for any illegal matter. However, it is almost impossible for a person who is not very familiar with medical malpractice law to handle a case on their own. It is best to hire an attorney with experience in medical malpractice matters. They know… Read More »
Almost all Rhode Island lawyers who handle medical malpractice cases handle them on a contingency fee basis where their fee depends upon the recovery that is made for the client. The fee is not paid until the recovery is made, so there is no upfront cost to hire an attorney in a medical malpractice… Read More »
In Rhode Island, if you win your medical malpractice case you are likely to recover for pain and suffering, lost wages, permanent disfigurement and scarring, and also any loss of use that you might have suffered.