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ChatSometimes, you need a skilled trial attorney to win your RI personal injury case. At Bottaro Injury Lawyers, we don’t always need to take our personal injury cases to court. But when we do, we fight tooth and nail for favorable outcomes for our clients.
Fortunately, a recent Supreme Court of Rhode Island ruling helps injured clients’ attorneys fight for their clients’ rights. Particularly in medical malpractice (med mal) and nursing home abuse and neglect cases.
At Bottaro Injury Lawyers, we love working with our RI and Southeastern MA clients. To best work for you, we prioritize staying on top of the newest legal developments in our industry. The legal outcome of the Armour v. Bader opinion, released in June 2024, will help us in future med mal and nursing abuse negotiations and trials!
Read today’s article to learn about the RI Supreme Court’s decision in Armour v. Bader, and how it can help us get the best outcome possible in your medical malpractice or nursing home neglect or abuse case!
How Does the Supreme Court of Rhode Island Case, Armour v. Bader, Help Me?
When you hire a skilled personal injury attorney to handle your case, your attorney will use your particular facts and evidence to build a strong case against the at-fault parties. Sometimes, the at-fault parties (and their attorneys, insurance providers, etc.) do not see eye-to-eye in negotiations and therefore need to go to trial. The recent Supreme Court of Rhode Island case, Armour v. Bader, makes it so at-fault parties can’t use bogus arguments to explain why the at-fault parties are not liable for your injuries.
So, what is the bogus argument the RI Supreme Court addressed? In this recent case, two cardiologists (defendants) argued that because another doctor referred a patient (victim) for a stress test, the patient was fine to undergo said stress test and return home after receiving abnormal results.
Additionally, the cardiologists tried to introduce the referring doctor’s medical records to show that their patient was stable with her known heart condition for months prior to the test. Insinuating that their decision to send the patient home after the abnormal stress test was not a breach of the standard of care.
…But the cardiologists never had the referring doctor’s medical records or otherwise spoke to the referring doctor about the patient’s stability! How could they have known she was considered “stable?”
The court’s decision reaches beyond reading stress tests. With this decision in mind, personal injury attorneys can remind at-fault parties to only refer to documents in their hands at the time of the injury to argue their defense.
I Am a Victim of Medical Malpractice or Nursing Home Neglect or Abuse. Does This Mean I Have to Go to Trial?
Not necessarily. At Bottaro Injury Lawyers, we aim to get you the legal compensation you deserve as quickly and stress-free as possible. As part of our representation, we typically try to negotiate with the at-fault party first. If we can’t agree on a settlement amount that meets your needs, we discuss filing a lawsuit.
Settlement negotiations do not always go as planned. Sometimes, at-fault parties believe they can get away with paying you little or nothing for your injuries.
In this recent 2024 decision, the Rhode Island Supreme Court says defendants, like the two cardiologists, can only introduce documents (like medical records) they had access to at the time of the incident. If you are questioning how this might affect your RI personal injury negotiations, call us to discuss the particular facts in your case!
If you and your attorney decide to file a lawsuit, our attorneys work with the court’s schedule to formally file pretrial motions and collect discovery materials like interrogatories and depositions, etc. We may go to trial if we cannot agree to settle during the pretrial phase.
The June 2024 RI Supreme Court case, Armour v. Bader, helps us fight for your rights by preventing at-fault parties from introducing inapplicable documents and arguments to support their defense. Staying up to date on RI personal injury law is the name of our game, so call us if you have any questions!
It’s Good to Know Mike Bottaro – 24/7 Top-Rated Personal Injury Help
At Bottaro Injury Lawyers, we care for people. Attorney Mike Bottaro and his award-winning legal team handle all types of personal injury cases throughout Rhode Island and Massachusetts. We can even help on cases in other states as well. We pride ourselves on our honesty, integrity, and results. Contact us 24/7 in any method you prefer for a fast, free, and confidential consultation about your case. Text or call us at 401-777-7777 or fill out our free and confidential online form. We are here to serve and help you!