Archive for Medical Malpractice

What to Tell a Patient if the Problem is the Doctor’s Fault

shutterstock_182066816If you ever hear from a doctor that a continuing problem that you have as a result of some kind of treatment you’ve received from a doctor is “your fault”, you might have a problem. It’s very important that if you have a continuing problem as a result of something a doctor did or didn’t do and you’re not sure why you have that continuing problem but the doctor is telling you it’s your fault that you have that continuing problem, that you come in and speak with me. The first thing I’ll do is get all your medical records and we’ll be able to go through the medical records to determine exactly what happened and if necessary, the next step again would be to get an expert to review those records and if we determine that after speaking with the expert that this, in fact, was not your fault but the doctor’s fault, then we can proceed to bring an action against the doctor.

This informational blog post was provided by Mark A. Fay, an experienced Rhode Island Medical Malpractice Lawyer.

Importance of Causation in a Medical Malpractice Case

shutterstock_226321963Causation in a medical malpractice case is very important. With the help of the proper expert which we have available, the expert will let us know that the breach of the standard of care which the doctor committed actually resulted in the injury which you’re claiming. Without that causation piece in the medical malpractice case, you do not have a case. So it’s important that once we establish there was a breach on the standard of care, it’s also important that the expert tells me and gives an opinion that that breach was the actual cause of the injury which you’re claiming.

This informational blog post was provided by Mark A. Fay, an experienced Rhode Island Medical Malpractice Attorney.

Medical Malpractice Cases based on Surgical Errors

shutterstock_196126157Medical malpractice cases based in surgical errors occur again, more frequently than people probably realize. The important thing on a medical malpractice case involving a surgical error is to make sure that all the medical records are compiled, organized and reviewed by a proper surgical expert. Again, I’ve been doing this for 25 years. I have worked with many experts across the country in regard to surgical errors. If an expert in whatever area of surgery involved in a medical malpractice case comes back to me and gives me an opinion that there was a breach in the standard of care for the surgical procedure, my client, you will have a case and then we will proceed forward for you.

This informational blog post was provided by Mark A. Fay, an experienced Rhode Island Medical Malpractice Attorney.

Medical Malpractice Cases based on Medication Errors

shutterstock_192645155Many medication errors occurred more than people realize and usually, they happen with the pharmacist and sometimes with the primary physician where they prescribed the wrong medication. Sometimes it doesn’t occur on the doctor’s end. Sometimes it occurs somewhere between when the doctor wrote a prescription until it got to the pharmacist. Usually, what happens is a patient or a client takes the medication for a period of time that they shouldn’t have. It’s sometimes, there’s dire consequences and sometimes not as bad. They are viable cases. It’s important that if you’re involved in a situation where improper medication has been prescribed and or delivered to you from your pharmacist that you contact me immediately so we can put an appropriate claim to protect you.

This informational blog post was provided by Mark A. Fay, an experienced Rhode Island Medical Malpractice Lawyer.

Medical Malpractice Cases based on Diagnostic Studies

shutterstock_141007105A very viable medical malpractice cases always one involving in faulty diagnosis by a doctor, hospital or facility. Sometimes it occurs doctors or facilities misdiagnose its patient’s conditions. A typical could be a misdiagnosis of cancer. Many families come and see me all the time when they say all the doctor misdiagnosed something other than cancer and unfortunately, six month or a year later, their loved one passes away. You can litigate these cases but again, you need to come and speak with me because we have to review it. We have to talk about it. We have to have the right experts to review it to determine whether or not you have a case. Yes, you can have a malpractice case for misdiagnosis but the proper workup has to be done to determine whether or not it’s a viable case.

This informational blog post was provided by Mark A. Fay, an experienced Rhode Island Medical Malpractice Attorney.

Medical Malpractice Cases based on Delay

shutterstock_138145625Medical malpractice cases based on delay are, again, all malpractice cases are difficult. They can be one. They have to be worked up properly. That’s why it’s important to get the right malpractice firm. But delaying treatment is recoverable if you can prove through expert testimony that the delay in the services that should’ve been provided by a doctor or hospital resulted in an injury. Again, they can be done. You have to get the right expert. We have the right experts to review the case so let us know if the delay resulted in the harm that the person now has.

This informational blog post was provided by Mark A. Fay, an experienced Rhode Island Medical Malpractice Lawyer.

Importance of Duty and Breach of Duty

shutterstock_212197114In medical malpractice cases, we’re always dealing with the standard of care. What the standard of care is a set of duties and responsibilities that the doctor has to you as their patient in which they need to follow in order to get the best result for you as their patient. If we can establish that there was a breach on the standard of care and that breach resulted in the injury for which you now have, you will have a medical malpractice case and we will go forward for you.

This informational blog post was provided by Mark A. Fay, an experienced Rhode Island Medical Malpractice Lawyer.

Does an Injury Towards a Minor Differ from Normal Statues?

shutterstock_92883559With a minor involved in a case, the statute of limitation is not gonna start to run until the minor reaches the age of majority which is 18 so that the minor would have 3 years from his or her 18th birthday to file the lawsuit.

This informational blog post was provided by Mark A. Fay, an experienced Rhode Island Medical Malpractice Lawyer.

Statue of Limitations within a Medical Malpractice Case

shutterstock_72988630The important thing to know about a medical malpractice limitation is it’s 3 years from when the malpractice occurred. There are some exceptions to that rule called the discovery rule which means if you did not know about the malpractice, you didn’t discover it until a year later or 6 months later, then the statute of limitation can run from that date. That’s a great area. The cases are a little fuzzy on that area so it’s important that when you come in, we’ll discuss that to determine exactly when the statute of limitation would start to run. But as a general course, it’s 3 years from when the malpractice occurs.

This informational blog post was provided by Mark A. Fay, an experienced Rhode Island Medical Malpractice Attorney.

Proving a Medical Malpractice Case

shutterstock_120171412Medical malpractice cases in Rhode Island are not easy cases. They are always very elongated. Most of the insurance companies who represent doctors and hospitals are not gonna settle this cases. You have to be willing and ready to go the whole mile against in a malpractice case. Well, I always explain this to my clients this way to tear the process. The first thing we need to do is get all your medical records in. Once we have you medical records in, my paralegal and staff will organize it and chronologize it so it’s all organized in a nice binder with summaries. Once we have all that, I’ll discuss with you and your family whether or not there’s a potential case here. If I think there’s a potential case here, we’ll take the next step.

The next step is to get that out to the proper expert in whatever field is involved in your loved one’s loss or whatever the malpractice was. We’ll find the best expert outside the state across the country to review the medical records to determine whether or not there was a breach in the standard of care by the doctor or hospital. Once that happens, we get by that step and we have an expert who’s willing to say “Yeah, there was a breach in the standard of care here.” We’ll get an opinion from that doctor in writing and then at that point, we’re in the position to move forward and actually file a lawsuit against the doctor of the facility. Again, medical malpractice cases are difficult. The insurance companies are not gonna want to settle these cases. You have to be ready to go the whole distance. You need to be organized. You need to have your experts lined-up before you’re ready to file the lawsuit. Once that’s all done, you file the lawsuit and we take it to trial.

This informational blog post was provided by Mark A. Fay, an experienced Rhode Island Medical Malpractice Lawyer.