RI Medical Malpractice Attorney
Achieving Justice for Victims of Rhode Island Medical Malpractice and Massachusetts Medical Malpractice
Mike has been recognized as a leading medical malpractice lawyer – a Rising Star by Super Lawyers, published in Rhode Island Monthly Magazine. Medical malpractice occurs when, by act or by omissions, a health care provider deviates from accepted standards of care in the medical community causing injury or death to a patient.
There are many types of medical malpractice. Each case is unique and requires an experienced medical malpractice lawyer. For example, Rhode Island or Massachusetts medical malpractice may arise when a healthcare provider makes a misdiagnosis, or otherwise acts negligently while treating you. We have the resources and top rated experience to take on these cases.
Highly Respected by Fellow Attorneys
“I am pleased to endorse Attorney Bottaro. His experience in the field makes him an ideal representative for personal injury / medical malpractice victims. He is a highly respected professional in the community.”
Car Accident Attorney
You Are Not Alone
How common is medical malpractice? There are published studies indicate that medical malpractice errors are responsible for 98,000 wrongful deaths each year.
This figure is more than double the approximately 40,000 people who die annually from car accidents.
Select the Right Medical Malpractice Lawyer
Medical malpractice can result in serious, life changing events. These cases require special attention to detail. Be aware: (1) Not every personal injury lawyer has the experience or fortitude necessary to handle a medical malpractice claim; and, (2) some firms have such a high volume of cases that your medical malpractice case may become lost in the shuffle. At our firm, we only accept a small percentage of medical malpractice cases as properly investigating these cases involves time and money. With over 12 years experience, Mike closely reviews the facts found in your medical records and consults with experts in the relevant medical field. We work to obtain compensation for medical malpractice victims including recovery for:
- Medical expenses
- Disability, scarring, permanent impairments
- Diminished future earning capacity
- Loss of wages
- Diminished quality of life
- Loss of companionship and loss of consortium
- Pain and suffering
Perhaps no type of medical malpractice case is more tragic than birth injuries. In most cases, birth injuries cause devastating irreversible injuries. If your child has suffered a birth injury, he or she deserves a chance to live the best life possible.
You should understand that some of the most common forms of debilitating birth injury are shoulder dystocia, brachial plexus palsy, Erb’s palsy, and Klumpke’s palsy. Other common birth injuries include prenatal asphyxia and hypoxic-ischemic encephalopathy (“HIE”). These injuries may be caused by medical malpractice during the birthing process resulting in nerve damage and reduced motor function. Other injuries may occur at other times during the pregnancy from prenatal care through the post delivery care. For example, actor Dennis Quaid and his wife Kimberly have produced a documentary film describing the near fatal medication overdose given to their newborn twins and their medical malpractice case.
When you contact Mike Bottaro to discuss a potential birth injury case, he will treat your family with dignity and compassion. We will promptly communicate with you and obtain and review the appropriate medical records to confidentially analyze your situation.
Reasons to Choose Bottaro Law for your Medical Malpractice Case
- Millions recovered for our clients
- Top rated attorneys
- Quick & Courteous service
Surgical Errors and Other Forms of Medical Malpractice
In addition to birth injuries, there are many other circumstances in which medical malpractice can lead to tragic results. Surgical errors may result from improper surgical technique or improper use of a medical device. Other examples of medical malpractice include:
- Emergency room errors
- Medication errors
- Missed diagnoses
- Delayed diagnoses
- Lack of informed consent
- Anesthesia errors
- Misdiagnosis of spinal meningitis
- Gastric bypass errors
- Other unreasonable conduct of a health care provider
If you would like to discuss a potential medical malpractice claim, contact Mike right now for a free consultation at 866-529-9700.
Medical Malpractice FAQs
Learn More about Your Rights as a Victim of Medical Malpractice in Massachusetts or Rhode Island in these FAQ Answers Provided by Personal Injury Attorney Mike Bottaro
1. How do I know if I am a victim of medical malpractice?
Under the laws of both Massachusetts and Rhode Island, physicians and other medical professionals must meet a certain “standard of care” when it comes to diagnosing, providing treatment options, administering medications, and performing medical procedures on their patients. When a healthcare provider fails to meet this standard of care, it can – and should – be held liable for medical malpractice.
Of course, knowing whether a doctor’s decision or mistake rises to the level of medical malpractice isn’t always easy. Physicians must exercise a certain amount of judgment, and in many cases they need to make split-second decisions in order to provide potentially life-saving treatment. As a result, determining whether a provider is liable for malpractice requires a thorough factual investigation and careful legal analysis.
2. What types of medical malpractice are most common?
Diagnostic errors are widely recognized as one of the most common forms of medical malpractice. This includes both misdiagnoses (for example, diagnosing an elderly patient with indigestion when he or she is having a heart attack) and failures to diagnose.
However, other types of malpractice are alarmingly common as well. For example, government statistics show that the average large hospital will have one to two incidents of surgical tools or materials being left in a patient’s body each year.
3. How long do I have to file a medical malpractice claim in Massachusetts? In Rhode Island?
The answer to this question is not as straightforward as you might expect. As a result, if you suspect medical malpractice, it is important that you speak with an attorney as soon as possible.
In Massachusetts, generally you have three years from the date your doctor commits malpractice to file a claim for compensation. However, if you do not discover the problem immediately, you have three years from the date of discovery – provided that you still file within seven years of the date of malpractice. There are special rules for injuries to minor children, incidents that involve leaving foreign objects in the body, and certain other exceptional circumstances as well.
In Rhode Island, the law is a bit simpler, but there are still exceptions that make it critical to discuss your claim with an attorney sooner rather than later. With limited exceptions, you must file your medical malpractice claim within three years of the later of: (i) the date of the malpractice, or (ii) the date on which the malpractice is (or reasonably should have been) discovered.
4. Is the hospital responsible if my doctor committed medical malpractice?
Possibly. Once again, this is a complicated question that will require a thorough case evaluation. If your doctor was employed by the hospital, or if the hospital made its own mistakes (such as failing to properly manage patient records or hiring unqualified personnel), these are two common scenarios in which a hospital can be held liable for a physician’s malpractice.
5. How much can I expect to recover if I file a claim for medical malpractice?
The amount that you can recover will depend on the extent of your losses. In many cases, medical malpractice victims can face long roads to recovery that require extensive treatments, surgical procedures, rehabilitative therapy, and follow-up care. This can lead to exorbitant medical bills, and you will want to make sure that your financial recovery includes the money that you need to pay for your medical care – now and in the future.
If your injuries or medical conditions leave you in pain, with permanent impairments, or unable to work or enjoy life, these are all factors that can support additional claims for financial compensation.
6. What should I do if I suspect medical malpractice?
If you suspect that you or a loved one may be a victim of medical malpractice, the most important thing that you can do is speak with a qualified attorney. Your attorney will able to walk you through the steps you need to take (like seeing a new, experienced doctor) and mistakes you need to avoid (like saying too much to the insurance companies) to make sure that you can seek maximum compensation for your losses.
7. How do I choose the right medical malpractice attorney to take my case?
When pursuing just compensation for medical malpractice, you need to put relevant experience on your side. Many lawyers have a decade or more of experience, but relatively few have specific experience in successfully representing medical malpractice victims in Massachusetts and Rhode Island. At The Bottaro Law Firm, LLC, we regularly represent medical malpractice victims and their families, and we would be happy to provide you with a free case assessment so that you make an informed decision about hiring an attorney to protect your legal rights.