Medical malpractice results when a health care professional fails to provide the appropriate medical treatment, neglect to take appropriate action, or provides substandard patient care that causes harm, physical injury, or wrongful death. Medical malpractice or negligence usually involves a medical error, such as a misdiagnosis, incorrect medication dosage, or improper health management, treatment, or aftercare. The practice area of medical malpractice law protects victims of medical negligence and allows them to recover financial compensation for any harm or injury. There are tens of thousands of medical malpractice suits in the United States every year.
What is medical malpractice?
A hospital, doctor, surgeon, or other health care professional is expected to provide a certain standard of care to all patients. They are legally responsible for any harm or injury experienced by a patient if the health care provider deviates from this expected standard of care. Several factors determine whether a patient has grounds for a medical malpractice case. The law requires proof of the failure to provide a proper standard of care or negligence, medical proof that an injury is the result of negligence, and proof that the injury has damaging consequences such as loss of income or quality of life.
There are several instances in which a medical error or negligence could result in a lawsuit. Misdiagnosis or the failure to diagnose, wrong or unnecessary surgery, failure to order the appropriate medical tests, operating on the wrong part of the body, and prescribing the wrong medication or dosage are all examples of medical malpractice.
What’s a medical malpractice lawyer?
Medical malpractice attorneys, including Rhode Island medical malpractice attorneys, litigate lawsuits for victims of medical malpractice or the surviving family members of victims. Malpractice attorneys represent cases that result from surgical errors, anesthesia errors, birth injuries, medical misdiagnoses, failure to obtain informed consent for treatment, and more. Malpractice attorneys work to win clients compensatory and punitive damages. Compensatory damages include loss of income, life care expenses, and medical expenses.
Punitive damages are awarded if the defendant is found guilty of malicious or willful misconduct. The best way to determine if you have a case is to seek legal advice from a law firm specializing in personal injury. You can schedule a free consultation to discuss your situation with an experienced attorney and determine the best course of legal action.
The award-winning team of attorneys at M N Law has years of experience providing legal counsel to victims of medical malpractice in Rhode Island. The law firm has recovered millions in compensatory and punitive damages in medical negligence verdicts for present and future medical bills, present and future loss of income, household expenses, and physical pain and mental anguish. The RI medical malpractice attorneys charge a contingency fee, meaning they only charge legal fees if they win a case. The law firm’s areas of practice include medical malpractice, personal injury, wrongful death, serious injury, car accident, and premises liability.
How do you know if you need a malpractice lawyer?
Going through a malpractice lawsuit is a complicated process. Before you take legal action, it’s a good idea to fully assess the situation. There are several reasons for which you can take legal action, including if you caught an infection in the hospital, were injured in surgery, suffered an anesthesia error, or weren’t given informed consent. A medical malpractice attorney can advise if you have a case and work with you every step of the way should you decide to file a lawsuit.
Most malpractice attorneys charge on a contingency basis, meaning you don’t have to pay any legal fees upfront. The attorney will take a percentage of your compensation if they win your case. Some attorneys use a sliding scale contingency based on the damages being asked, while others charge a flat percentage. Going through a lawsuit is a lengthy and expensive process. Make sure the damages you win are sufficient enough to justify paying the legal fees.
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