The Rhode Island medical malpractice attorneys of Gemma Law Associates, Inc., understand the trust that patients place in doctors and other health care professionals. You believe they will make the correct decisions necessary to ensure your well-being. But the reality is that these highly paid professionals are only human. They make mistakes – during surgery, in your care and treatment, in prescribing and administering your medications or in diagnosing your illness.
If you or a loved one is a victim of medical negligence or malpractice, it’s important to contact the skilled and experienced personal injury and wrongful death lawyers of Gemma Law Associates, Inc., today. We can put our resources to work for you.
Steps to File a Medical Malpractice Lawsuit in Rhode Island
1Conducting the Initial Legal Consultation
At Gemma Law Associates Inc., we do not charge for an initial consultation. We use the consultation to get to know more about you and your case. We hope you can use the consultation to learn more about us and our approach to helping clients. Ultimately, we will review your options, discuss our approach to meeting your goals and move ahead with our representation of you.
2Gathering Medical Records
Your attorney will instruct you about how to make a formal, written request for medical records pertaining to your case. You may need to make multiple requests to ensure you obtain records of every medical consultation, test and procedure you received.
3Determining Whether to Go Forward with a Lawsuit
Once we have our medical experts’ opinions about your case, it will be time to have a serious discussion with you. Unfortunately, not all cases of medical error or negligence become medical malpractice lawsuits. There must be ample evdence to prove the case in court. There must be demonstrable reasopn that you, as the injured patient or the survivors of a deceased patient, deserve compensation. We must determine with you that you are ready to pursue a legal claim that could take many years to resolve.
4Drafting and Filing a Lawsuit
If we belived your case has merit and are prepared to proceed, Gemma Law Associates Inc., will draft and file a lawsuit on your behalf, or complaint, will lay out the details of your case and request appropriate compensation for your medical bills, lost wages, pain and suffering and other losses.
5Litigating the Claim
After a lawsuit is filed, we will engage in a process that’s called “discovery.” We will seek certain documents from the parties we believe are at fault. We may also seek written (affidavits) or oral (depositions) sword statements. We may need to file motions to obtain this information or to deal with other aspects of your case. Keep in mind: The other side will be engaged in discovery and motions as well. In some cases, the other side in a medical malpractice lawsuit may request that you undergo a medical examination.
6Negotiating a Settlement
Settling a medical malpractice lawsuit can allow you to obtain the compesation you deserve more quickly and get on with your life. As your medical malpractice attorneys, Gemma Law Associates Inc., will negotiate with the defendants’ attorneys and report you. A settlement may be made at any tome prior to the announcement of a jury’s decision in the case. Whether to accept a settlement offer is your decision.
7Getting your Day in Court
If a settlement is not reached before tiral your lawsuit will go to court. A medical malpractice trial includes a completed airing of evidence in the case, with testimony form the plaintiff and the defendant. This will include testimony by expert witness prepared to explain the medical aspects of the case from both sides’ point of view. Your and your witness will be prepared for trial. Once each side has presented evidence and arguments, the jury render a decision.
8Receiving the Verdict
The jury’s decision will be announced in court. If the jury in your favor, a monetary award will be announced. Unless one side appeals to a higher court, this ends the case. The defendant (or defendants) will transmit payment of the award through your attorneys.
9Distribution of the Judgement or Settlement
There will be expenses that must be deducted from a settlement or a jury’s award. This includes contingency legal fees (an agreed-to percentage of the settlement or jury award) and any healthcare-related expenses or other liens that may have been imposed while your case was pending. The remaining balance will go to you.
For more than four decades, the medical malpractice attorneys of Gemma Law Associates, Inc., have helped victims of medical errors throughout Rhode Island, including in Providence, Bristol, Pawtucket, Warwick, Newport, Cranston, Woonsocket .
To learn how we can help you, call us today toll free or use our online form. We provide free initial case evaluations.
Rhode Island Medical Malpractice Lawyers Protecting Your Rights
Medical malpractice is the legal area that covers negligence and careless mistakes by doctors, nurses, anesthesiologists, orderlies and other medical and healthcare professionals and staff. Under Rhode Island law, you may be compensated for the medical bills, lost wages, pain and suffering and other losses you’ve endured as the result of a medical error.
At Gemma Law Associates, Inc., our medical malpractice attorneys represent clients in cases involving:
- Birth Injury (including mistakes during labor or delivery)
- Misdiagnosis of symptoms
- Cerebral Palsy (insufficient oxygen or physical trauma to a baby’s brain resulting in irreversible neuromuscular deficiencies)
- Failure to order necessary tests, such as lab work
- Surgical Error (often caused by communication breakdowns)
- Incorrect analysis or understanding of test or lab results
- Erb’s Palsy (injury to the brachial plexus resulting in paralysis in the shoulders and arms)
- Giving the patient the wrong medication or an inappropriate dosage
- Inadequate or incorrect anesthesia medications
- Nursing Home Abuse.
A serious medical error can happen in an instant, but it may have consequences that last a lifetime. Proving medical negligence or malpractice may require a lengthy investigation. Qualified medical witnesses are required to establish that the medical practitioner’s conduct failed to meet accepted standards of care. Injured patients may also be unaware of all aspects of their medical care, so obtaining documentation of all procedures, reports and medicines is vital. Finally, a thorough understanding of Rhode Island law and its application to malpractice cases is essential.
In any case of a serious injury or death occurring while in the care of a medical professional, it is important to have the case reviewed as soon as possible by an experienced Rhode Island medical malpractice attorney.
Contact Our Rhode Island Medical Malpractice Lawyers Today
The medical malpractice attorneys at Gemma Law Associates, Inc., have investigated medical malpractice cases for decades. We’ve won multimillion-dollar settlements on behalf of injured clients in Providence, Newport, Pawtucket, Warwick, Bristol, Cranston, and Woonsocket.
We have a successful record of litigating personal injury and wrongful death claims involving hospital negligence and medical errors. We are prepared to argue on your behalf in the courtroom if necessary to recover the damages you deserve.
Rhode Island places strict time limits on filing medical malpractice claims, so it’s important to act immediately if you have been seriously injured by a medical mistake or have lost a loved one to medical negligence. For a free legal consultation, call our Rhode Island medical malpractice attorneys today toll free or use our online form.