Hospital Negligence Lawyer
ROB LEVINE, MEDICAL MALPRACTICE LAWYER
VICTIM OF HOSPITAL NEGLIGENCE? GET AN ATTORNEY
While hospitals are meant to provide healing, they also hold the potential for risk. Hospital negligence cases and Medical malpractice within a hospital can occur as a result of a medical error by a doctor, nurse, or any other medical professional working for the hospital or the medical malpractice can be a result of the policies and procedures of the hospital itself.
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EXAMPLES OF HOSPITAL NEGLIGENCE
- Failure to follow procedures
- Failure to uphold standards during the hiring process
- Understaffing and/or overworking staff
- Lack of security
- Improper medication or dosage
- Premature discharge
Ensuring that patients are kept safe within the walls of a hospital is crucial. Upholding these standards and avoiding hospital negligence is the responsibility of those who do the hiring as well as the staff themselves, from general hospital staff to doctors.
HOW TO SUE A HOSPITAL FOR MEDICAL NEGLIGENCE
Pursuing legal action in the wake of medical malpractice or hospital negligence cases can be a daunting thought. Our process lays out the steps that make it easy for you to understand.
- Prepare your case. Finding a lawyer and going through the facts of the case are the first steps in the process of filing a medical malpractice lawsuit. During this step, the attorney will help you prove that there was an established doctor-patient relationship, review records, and gather medical professionals’ opinions.
- File your case. Once the required evidence has been gathered, the attorney will officially file your case.
- Determine whether the case goes to trial. Whether or not your case goes to trial depends on the complexity of the situation. Some cases can be settled without ever going to trial.
The process of pursuing a medical malpractice lawsuit can be a long and challenging experience. The attorneys at Rob Levine & Associates are prepared to work on your behalf to see you receive justice.
FAQs About Your
Medical Malpractice Case
How do I know if I have a medical malpractice case?
Medical Malpractice is a form of professional negligence that can be committed by any medical professional who is involved in giving care to a patient. To prove medical malpractice, a claimant must show that a doctor-patient relationship existed, that the professional violated the standard of care, and an injury resulted from that violation.
What is “informed consent” and how does this relate to malpractice?
In Rhode Island, informed consent refers to the conversation a medical professional has with their patient when they explain the proposed course of treatment and its risks. The physician must also offer information for alternative treatments and/or the option of not treating a specific illness. Rhode Island requires a five-part test to decide if there is validity in a medical malpractice case surrounding a lack of informed consent. This test includes: the physician’s explanation of risk was inadequate, the risk was known and withheld by the physician, the risk was a valid concern, and the injury in question was caused by this undisclosed risk.
How can a jury determine if a physician’s actions were negligent?
All medical professionals are expected to abide by a standard of care. A judge is responsible for questions of law. A juror is a trier of fact. While a jury listens to an entire trial, their job is to take the law as described to them by the judge and apply all of the facts and information that were relayed to them through testimony throughout the trial. A jury is then responsible for rendering a verdict based on the law given to them during jury instructions by the judge and their opinion a to whether or not the case presented by the plaintiff meets or exceeds the standard of law as defined by the judge of negligence by the medical professional.
What are examples of medical malpractice?
A licensed medical professional's actions that fall below the standard of care include failure to diagnose/misdiagnosis, failure to order proper testing, failure to recognize symptoms, misreading/ignoring laboratory results, surgical errors or wrong-site surgery, improper medication/dosages, unnecessary surgery, poor follow-up or aftercare, premature discharge, or disregarding or not taking an appropriate patient history.
How much time do I have to start my case?
The statute of limitations for medical malpractice cases in Rhode Island is up to three years after the discovery of their medical condition. In Massachusetts, patients are given up to three years from the discovery date if they would not have reasonably known of the malpractice. In Connecticut, patients are given up to two years to file their case.
Do I have any medical rights?
You have the right to:
- Access information regarding your case that is accurate, easy to understand, and in your language.
- Access any assistance you may need to understand your medical information.
- Be involved in decisions regarding your medical treatment.
- Receive respectful care from any medical professional.
- Confidentiality regarding your medical care and treatments.
- Read and copy your medical records to ensure accuracy.
- File a complaint against any medical staff who treats you.
Helpful Resources About Your
Medical Malpractice Case
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