We go to doctors to get medical help but things don’t always work out the way we hope they will. If you have been a victim of medical malpractice in Providence, you probably have a few questions on your mind. This is why we decided to answer some of the most common medical malpractice questions for people who are considering a medical malpractice suit.
Most Common Medical Malpractice Questions
Can I Sue a Doctor if they Prescribed the Wrong Medication?
A doctor doesn’t need to give you the wrong physical treatment or diagnosis in order for it to be considered medical malpractice. A doctor can harm you by prescribing the wrong medicine, wrong dosage or failing to identify possible drug interactions.
Medicine is not an exact science and it involves a lot of trial and error. It’s not possible to use a cookie cutter approach in healthcare because different patients respond differently to medication. However, if a doctor falls below the standard of care that another reasonable doctor in similar circumstances would exercise and as a result, you are injured, then your claim for negligent subscription can succeed.
Can I Sue a Nurse for Medical Malpractice?
Medical malpractice can extend to staff who make medical errors. Most people think that medical malpractice is only limited to a surgeon operating on a wrong body part or botched procedures. Nurses can also be held liable for causing harm to patients.
Nurses have an enormous responsibility and play a critical role in medical care. Negligence in medicine is less likely to be the fault of one individual so the hospital that employs the nurse can be included in the lawsuit.
Can I Sue a Psychiatrist for Medical Malpractice?
Medical malpractice does not just apply to illnesses and physical injuries. Mental health professionals like psychiatrists owe their patients a duty of care. They can be held liable for, failing to report a threat posed by a patient, failing to properly treat a mental illness or failing to diagnose a mental illness.
In many ways, a psychiatric malpractice claim will look a standard medical malpractice claim where your Providence medical malpractice lawyer will argue that your therapist owed you a duty of care, they breached that duty, the breach caused you harm and you suffered psychological or physical damages.
However, proving that your psychiatrist acted negligently can be very difficult. It’s also difficult to ascertain damages especially if they are purely psychological.
Can I Sue for Future Medical Expenses?
If you suffered medical malpractice in the hands of a negligent doctor, you will obviously have to see another doctor to rectify your situation if not make it better. Does this mean that you will have to pay for your future medical expenses out of your own pocket?
No, because you can sue for future medical expenses but you will have to prove damages. Your lawyer should help you with this by using the information available and actuarial calculations about future costs. This will provide an estimate of the amount of money you need for your health care needs down the line.
Is it too late to File a Medical Malpractice Lawsuit?
Every injury lawsuit has a time limit and medical malpractice has one of the shortest. If you wait too long, you might lose your compensation. On the other hand, you shouldn’t dismiss filing a claim just because you assume you’ve waited too long.
You should first check the statute of limitations in your state. In Rhode Island, for instance, the statute of limitations is 3 years. This means that you have three years to file the case in a state’s civil courts system. Usually, the statute of limitations starts running from the date the medical error was committed but in Rhode Island, there is an exception.
If you don’t discover right away that you were injured as a result of medical malpractice, then the statute of limitations starts running from the day you discover it. You, however, will have to prove that you couldn’t have discovered it even through the “exercise of reasonable diligence”.
Can I Get My Medical Malpractice Claim Reviewed for Free
Yes, you can. At Kevin P Landry Law Offices, we can review your claim for free. All you need to do is call us at 401-751-0101 or visit our Providence offices. Alternatively, we can visit you wherever you feel comfortable upon request.