When you place your health and trust in a medical professional, you expect to receive competent care and ethical treatment. Unfortunately, mistakes can and do happen, leaving patients with worsened conditions, serious injuries, or even loss of life. If you were injured or harmed due to a healthcare professional’s negligence, you may have a case for medical malpractice.
In this article, Attorney Ann Sheeley explains what constitutes medical malpractice and how to pursue legal action. Understanding the signs of malpractice and knowing when to seek legal help is crucial for protecting your rights and obtaining compensation for your injuries. As always, we are here 24/7 to answer questions and provide compassionate support during this difficult time.
What is Medical Malpractice?
Medical malpractice is when a health care professional (doctor, nurse, surgeon, anesthesiologist, or any other medical personnel) or a health care facility (hospital, clinic, physical therapy/rehabilitation center, etc.) fails to provide an accepted standard of care and their negligence or misconduct causes a patient’s injury, harm, or death. In Rhode Island, victims of medical malpractice can seek compensation for damages, such as medical expenses, lost wages, and pain and suffering.
Common Signs of Medical Malpractice
Misdiagnosis or Delayed Diagnosis: One of the most frequent types of medical malpractice occurs when a doctor fails to diagnose a condition correctly or delays the diagnosis, causing harm. Examples include:
Diagnosing cancer as a benign condition, allowing it to spread
Failing to recognize the symptoms of a heart attack or stroke
Misinterpreting lab results
Infections or sepsis
If another doctor would have correctly diagnosed your condition under the same circumstances, you may have a malpractice claim.
Surgical Errors: Operating on the wrong site/body part, leaving surgical instruments inside the patient's body, making an error in administering anesthesia, etc. are colossal errors that can have severe consequences. If you experienced complications after surgery or believe a surgical error occurred, it is crucial to seek consul from an experienced medical malpractice attorney.
Medication Mistakes: Administering the wrong medication, incorrect dosage, or failing to consider a patient's allergies or drug interactions happen more often than you think and can lead to severe side effects or fatal consequences. If you believe your doctor or pharmacist made a mistake with your medication which resulted in harm, you should consult with a medical malpractice attorney.
Birth Injuries: Mistakes during labor and delivery can lead to lifelong disabilities for newborns and their mothers. Some signs of medical malpractice in childbirth include:
Failure to monitor fetal distress
Improper use of forceps or vacuum extractors
Delayed C-section leading to oxygen deprivation
Failure to diagnose preeclampsia or gestational diabetes
Failure to Obtain Informed Consent: Before any medical procedure, patients must be informed of the risks and alternatives. If a doctor fails to explain the risks, and the patient suffers an injury they were not warned about, it may be grounds for malpractice.
Worsening Condition Due to Neglect: If a doctor dismisses symptoms, fails to order necessary tests, or discharges a patient too soon, it can lead to a worsening condition. This is particularly concerning in cases of infections, internal bleeding, or progressive diseases.
When Should You Contact a Rhode Island Medical Malpractice Lawyer?
If you believe you are a victim of medical malpractice, the first step is to contact a Rhode Island law firm that has experience in medical malpractice, such as Sheeley Law. It is important to act quickly as there is a three-year statute of limitations in Rhode Island for most medical malpractice claims. There are some exceptions for cases involving minors and cases where the injury is discovered after the three-year limit.
How a Lawyer Can Help:
Medical malpractice is an extremely complicated area of law that requires the following to be proven:
Duty of care: A doctor-patient relationship existed and the provider had a duty of care.
Breach of duty: The healthcare professional breached the standard of care by failing to provide treatment or acting negligently, which another competent healthcare provider would not have done in similar circumstances.
Causation: The healthcare professional’s actions/breach of duty directly caused the injury or harm suffered by the patient.
Damages: The healthcare professionals’ negligence resulted in the patient’s physical, emotional and/or financial injury and harm.
Your attorney will evaluate the circumstances surrounding your harm or injury, determine if you meet the above criteria for a medical malpractice claim, and if yes, guide you every step of the way through the legal process. This includes gathering evidence, consulting medical experts, negotiating with insurance companies, and fighting for maximum compensation, which could include:
Economic damages: Medical expenses, lost wages, rehabilitation costs, and future medical needs.
Non-economic damages: Pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium (impacts the relationship of a family member).
Punitive damages: monetary payments above and beyond for particularly harmful behavior.
Final Thoughts
At Sheeley Law, we understand how stressful and confusing it can be if you or a loved one were injured or harmed by a medical professional. Seeking the assistance of an experienced medical malpractice attorney like Ann Sheeley is essential for navigating the legal process, ensuring your rights are protected, holding those who harmed you responsible, and securing the compensation you deserve. If you have questions or would like to a schedule a free consultation, contact Sheeley Law at 401-619-5555 or email asheeley@sheeleylaw.com.
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