Shared Fault

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WHAT IS SHARED FAULT?

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Medical Malpractice cases are complex and can have many different variables. When a patient files a claim that a medical professional was negligent or abusive in their position, there are some cases when the patient may be partially at fault.

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HOW A EXPERIENCED MEDICAL MALPRACTICE LAWYER CAN HELP

Depending on your state, you may have more regulations that determine the verdict of your case. In Rhode Island, Connecticut, and Massachusetts, the only regulations surrounding shared fault are comparative negligence. This regulation explains that if there are more than one party who is at fault for the injuries, a percentage of fault is given for each party. Compensation will be given based on the percentage of fault. Modified Comparative Negligence is offered in Massachusetts and Connecticut and ensures that injured parties are subject to compensation from additional parties if the victim was less than 50 percent responsible. When you have your free case consultation by the medical malpractice lawyers at Rob Levine & Associates, we will examine the situation to ensure that you are not partially at fault.

HURT? CALL A MEDICAL MALPRACTICE LAWYER

If you feel as though you are a victim of medical malpractice in Providence, Boston, Fall River, Worcester, Hartford, or New Haven area, we have a local attorney ready to step up to bat for you. Attorney Rob Levine has made it his priority is to make sure the local community has access to the legal help they need when someone’s negligence causes serious accidents. Rob and his team can often be found supporting local community events like charity walks and sports teams in Providence, Boston, Fall River, Hartford, and New Haven. During the week, we’re at Rob Levine & Associates on Douglas Avenue, meeting with local clients. Our office is located between Ceres and Alicant St, just a few blocks from Providence College.

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.
All FAQs
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