Providence Medical Malpractice Lawyer​
At Marasco & Nesselbush, we understand the distress that medical negligence can cause. Our dedicated Providence medical malpractice lawyers are committed to fighting for your rights, ensuring you receive the justice and compensation you deserve. Focus on your recovery while we handle your case with care.
- Updated date:
- December 2, 2024
In 2024 alone, Rhode Island residents have reported 45 adverse medical events, with 24 victims receiving compensation for their claims. In Providence, the Rhode Island Hospital was implicated in multiple egregious cases of medical malpractice from 2009 to 2018. These are not isolated cases. Medical malpractice is alarmingly prevalent throughout the United States, causing more than 400,000 deaths annually. This figure does not include nonfatal cases and represents a small portion of the medical malpractice that occurs.
Failure of physicians to provide quality care is a grievous violation of the sacred trust inherent in doctor-patient relationships. The Marasco & Nesselbush law firm is committed to holding negligent healthcare providers accountable.
Our Providence medical malpractice attorneys have the right expertise, experience, and resources to protect your rights in the face of horrifying medical malpractice cases.
We are with you every step of the way, giving you a distinct advantage in the court and during negotiations.Â
If you or your loved one has been a victim of medical malpractice, contact us at our office in Providence, RI, call us at (401)-281-8552, or fill out our online contact form.
The Process Of A Medical Malpractice Lawsuit
- Initial Legal Consultation: The process begins with an initial free consultation with Marasco & Nesselbush Providence medical malpractice attorneys, who will review the details of your case, explain your rights, and assess the potential for a valid claim.
- Gathering Medical Records: The attorney will collect all the relevant medical information and analyze the care you received. They will also consult with medical experts to establish whether negligence occurred.
- Determining Whether To Proceed With A Lawsuit: Based on these findings, your lawyer will determine if the case has merit and advise whether or not you should proceed with filing a lawsuit.
- Drafting And Filing A Lawsuit: If the case moves forward, the lawyer will draft a formal complaint and file it in the appropriate court. This is the official start of the lawsuit process.
- Litigating The Claim: Once the lawsuit is filed, the discovery phase begins. Here, both sides gather evidence, take depositions, and exchange information to build their respective cases.
- Negotiating A Settlement: Negotiations often occur before trial, where your attorney will work with the opposing counsel to secure a fair settlement without the need for a prolonged court battle.
- Getting Your Day In Court: If negotiations fail, the case will go to trial. Both sides will present evidence, question witnesses, and argue their case before a judge and jury.
- Receiving The Verdict: After the trial, the jury or judge will issue a verdict determining whether you should receive compensation for your injuries or losses and how much compensation you are entitled to.
Types Of Medical Malpractice Cases Handled By Marasco & Nesselbush Law Firm
Medical malpractice occurs in virtually every practice area, but some specialties present higher risks. Ten specialties with the highest malpractice lawsuit frequency in the USA are:
- Surgery
- Obstetrics and gynecology
- Orthopedics
- Plastic surgery
- Otolaryngology
- Radiology
- Urology
- Emergency medicine
- Critical care
- Cardiology
Medical mistakes can occur during both inpatient and outpatient treatment. Here are the types of medical malpractice cases Marasco & Nesselbush Law Firm can help you handle:
DIAGNOSTIC ERRORS
Diagnostic errors are the most prevalent errors made in outpatient settings and include:
- Failure to diagnose
- Misdiagnosis
- Delayed diagnosis
DELAYED TREATMENT
Delaying treatment after diagnosis is the third most common medical error. Delayed treatment allows conditions to worsen and increases patients’ medical costs.
ANESTHESIA ERRORS
Anesthesia errors most commonly occur because of inadequate situational awareness during surgery. Situational awareness errors refer to the anesthesiologist’s:
- Failure to perceive patient details
- Failure to realize the implications of those details
- Failure to plan
SURGICAL ERRORS
The majority of medical errors in hospitals are surgical errors. These typically include:
- Wrong-site surgeries
- Wrong-patient surgeries
- Incorrect procedures
- Accidental lacerations that cause hemorrhages
- Leaving instruments, sponges, or other foreign bodies inside the patient
MEDICATION ERRORS
Medication mistakes occur inside and outside healthcare facilities. Vulnerable populations experience heightened risks of medication errors. Children present dosing challenges, and the elderly are the most likely to be prescribed cardiovascular medications, which have the highest incidence of adverse drug interactions caused by medical errors. However, medication errors can happen to any patient. Medication errors in hospitals occur when healthcare providers:
ERRORS DURING CHILDBIRTH
Birth injuries most often occur during complicated births that require forceps or vacuum extraction assistance.
Common Injuries from forceps or vacuum-assisted delivery include:
- Skull fractures, which could cause traumatic brain injuries
- Intracranial hemorrhages
- Facial injuries
- Spinal cord and nerve injuries
- Clavicular fractures
- Soft tissue injuries
- Organ damage
- Cerebral palsy
- Intellectual disabilities
- Physical disabilities
HOSPITAL-ACQUIRED INFECTIONS
Approximately one in every twenty patients acquires potentially life-threatening fungal, bacterial, and viral infections, often leading to meningitis, pneumonia, and urinary tract infections.
NURSING HOME NEGLECT AND ABUSE
Nursing home residents have high rates of chronic health conditions that require extensive care due to immobility, fall susceptibility, dementia, and other disabilities.
Nursing home neglect consists of the following deficiencies in care:
- Failure to frequently reposition immobile patients leading to pressure ulcers, commonly known as bedsores
- Lack of toileting and hygiene assistance
- Lack of assistance eating or drinking
- Failure to provide psychological support
- Inadequate supervision
Types of nursing home abuse include:
- Physical, psychological, and sexual abuse
- Rough handling
- Financial exploitation
Why Does Medical Malpractice Occur?
- Most medical malpractice can be traced to systemic breakdowns, such as:
- Communication errors
- Charting deficiencies
- Inadequate communication between facilities and clinicians
- Delayed conveyance of medical records between facilities
- Poor communication with patients
- Staffing shortages
- Staff fatigue and burnout
- Inadequate knowledge or training
- Equipment failures
How Can I Protect Myself From Medical Malpractice?​
Medical malpractice is never the patient’s fault, but there are measures patients can take to reduce their risks.
1. Provide all relevant information to your medical team and ask questions until you fully understand your treatment plan.
2. Ensure staff washes their hands or changes gloves.
3. Ask a friend or family member to supervise your care.
4. Confirm the names and dosages of your medications.
5. Avoid unnecessary tests.
6. Choose a hospital with a high safety rating, such as The Miriam Hospital, which is the highest-rated hospital in Providence, according to U.S. News & World Report.
7. Research doctors who have paid medical malpractice claims using the Rhode Island Health Department’s searchable public database.
What Type Of Compensation Can I Receive In My Medical Malpractice Case?
How Long Do I Have To File A Medical Malpractice Lawsuit?
The statute of limitations for personal injury cases, including for victims of medical malpractice, is three years from the date the injury occurred, the injury was discovered, or should reasonably have been discovered.
Call The Providence Medical Malpractice Lawyers At Marasco & Nesselbush For A Free Consultation
Medical malpractice cases are some of the most challenging personal injury claims. Healthcare providers and their insurance companies enjoy legal representation by some of the highest-performing lawyers in the nation. Proving these claims is often challenging and requires detailed analyses.
The experienced personal injury lawyers at Marasco & Nesselbush have negotiation and litigation skills that rival that of any health care provider’s counsel. We not only provide high-caliber legal representation with no upfront costs but also stay by your side and vigorously advocate for you during negotiations and, if necessary, in court.
Our personalized and compassionate service, vast network of resources, and in-house medical experts afford our clients an advantage in court and negotiations.
Our results speak to the efficacy of our detailed approach:
- $2.05 million recovered in the wrongful death caused by negligent anesthesia administration
- $1.5 million recovered for a wrongful death caused by an undiagnosed brain injury
- $1.4 million awarded to a client who sustained permanent injuries from a surgical error
- $1.2 million awarded after an obstetrical error caused birth defects
If you or your loved one has sustained an injury because of medical malpractice, the law offices of Marasco & Nesselbush can help you recover compensation for ongoing medical treatment and future financial security.
We are a leading medical malpractice law firm in Rhode Island, with offices in Providence, RI; East Providence, RI; Wakefield, RI; Warwick, RI; Woonsocket, RI; and Quincy, MA.
Our Providence office is located at:
685 Westminster Street Providence, RI 02903
You can call us at (401) 281-8552 or contact us using our convenient online form to schedule a consultation and receive a free case evaluation.
FAQs
Who can be held liable for medical malpractice?
Healthcare providers, including doctors, nurses, surgeons, anesthesiologists, pharmacists, and medical facilities, can be held liable for medical malpractice if their negligent actions result in patient harm.
How do I know if I have a medical malpractice case?
You may have a medical malpractice case if a healthcare provider’s actions (or inactions) deviate from the accepted standard of care and cause significant harm or injury to the patient. A medical malpractice attorney can help you determine if you have a case with the help of medical experts.
When Can I Sue for Medical Malpractice?
You can sue for medical malpractice when there is clear evidence that a healthcare provider’s negligence has caused direct harm. You need to file a medical malpractice lawsuit within three years of the injury or its discovery. Given the complexity of these cases, having an experienced medical malpractice lawyer is essential to navigate the legal process, gather the necessary evidence, and advocate for your rights.
Is Medical Malpractice Difficult to Prove?
Yes, it is often challenging to prove because it requires detailed analysis and expert testimony to demonstrate that the healthcare service provider’s actions fell below the standard of care and caused injury or harm.
What is the Difference Between Medical Malpractice and Negligence?
Negligence refers to any failure to exercise reasonable care, which can lead to injury or harm. On the other hand, medical malpractice is a specific form of negligence that involves a healthcare provider deviating from the accepted standard of medical care.
DO I HAVE A CASE?
If you think you may have a case, contact us now for a FREE consultation
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