Archive for Murphy & Fay, LLP Blog – Page 2

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.

Statues of Limitations Differences between Children and Adults

shutterstock_81191020The statute of limitations in Rhode Island will not begin to run for any individual if they’re found to be incompetent of haven’t reached the age of majority. So obviously, when you’re dealing with a minor who’s involved in an automobile accident case or some other personal injury case, the statute of limitation to file the lawsuit is not going to start to run until that child reaches the age of majority which is 18 which means technically, the child doesn’t have to file the lawsuit until they’re 21.

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

Importance of Pre-Judgment Interest in Rhode Island

shutterstock_91738673In Rhode Island, we have what’s called pre-judgment interest which will be added on to any final judgment either after trial or binding arbitration. The legislator in Rhode Island has decided that that figures 12% a year, 1% a month. The purpose of that is to incentify insurance companies to settle these cases before they get too dragged out because, again right now, it can take up to 3 years before you can even get a trial date. So if you’re involved in an automobile accident, that 12% pre-judgment interest runs from the date of the accident until the judgment so just do the math. If you get into an accident and its 3 years until you go to trial, you already have 36% pre-judgment interest that will be added on to your award if you’re successful in trial. Again, the jury doesn’t know about that. The clerk automatically adds it on so pre-judgment interest is important because it is a factor for the insurance companies whether or not to settle cases.

This informational blog post was provided by Mark A. Fay, an experienced Rhode Island Personal Injury 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.

Time Frame to Work Through a Wrongful Death Case

In Rhode Island right now, it takes approximately 2 and a half to 3 years from the time you actually file a wrongful death claim until you will receive a trial date and get your day in court. What I recommend or what I advise my clients when they come to see me is that in order to maximize your recovery on any claims especially a wrongful death claim, you have to be willing to go all the way through trial. Don’t look that as a quick settlement. There are a lot of firms out there that are looking for quick settlements. If you take that position, it’s gonna minimize your recovery. You have to be willing and ready to go the whole way. We’re willing to try this cases. We try this cases all the time but I always make it clear all my clients upfront that you’re probably looking at 2 and a half to 3 years before you get a day in court on a wrongful death case.

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