Archive for Personal Injury

Evaluation of Different Attorneys for your Personal Injury Case

lawyer meeting closingOne of the most important things you can do when you’re going into an attorney’s office to represent you on a personal injury case is to ask that attorney “When’s the last time you tried a case? When is the last time you were in a court room either state court, federal court or district court? How did you do? What type of case was it? When was the last time you won a case?” Unfortunately in Rhode Island, there’s thousands of personal injury cases. You see them on billboards. You see them on TV commercials. You see them in the phonebook with full-page ads. They’re good businessmen. They know how to get you into their office. They can settle cases but can they maximize the return for you if they’re not willing to go all the way and try the case and win the case for you because believe me, the insurance companies know these good businessmen attorneys who don’t try cases.

So my advice to you when you come to my firm or any firm, first thing you ask a personal injury attorney is how many cases have your tried? How many cases have you won and when is the last time you’ve been in the courtroom? If you come to see me, I can answer those questions for you. I have years of experience. I tried cases in state and federal court every year on personal injury cases and had been very successful.

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

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.

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.