What is a Wrongful Death Claim?

A wrongful death claim is a type of legal action that may be initiated when a wrongful act or negligence of another party resulted in somebody’s death. For example, a parent may file a wrongful death claim if they lost a child in a car accident caused by a drunk driver. In Rhode Island, according to R.I. Gen. Laws § 10-7-1, this act, neglect, or default that led to the death must be classified as a type of action that would have allowed the deceased person to file a personal injury claim for damages had they survived. The type of action that led to the death may be based on negligence, like an auto accident, medical malpractice, or an intentional harm, like a crime. The estate or certain family members (spouse, child, parent) of the deceased can file a lawsuit and potentially be awarded a monetary settlement for damages against the party legally liable for the death. The essential aspects of a wrongful death claim are:

• The death of a person as the result of another party’s wrongful act or negligence.
• Surviving family members who are suffering financial losses due to the passing of their loved one.
• The deceased’s estate appointing a personal representative.

How a RI Wrongful Death Attorney Can Help You

At Tapalian Law, our legal team will treat your wrongful death claim with the compassion you deserve. You can rest assured that your case will be handled effectively and in a timely fashion and we will support and guide you throughout the entire process. Here’s what we can do for you:

• Help you understand the complexities of wrongful death law.
• Ensure all the paperwork is filed in the appropriate manner and on time.
• Thoroughly investigate the case and collect evidence to support your claim and determine fault.
• Negotiate with insurance companies on your behalf so that you get the compensation you are legally entitled to.
• If no settlement can be reached, we can represent you in court and fight for the justice that you and your loved one deserve.

Lawsuits can be extremely stressful, and wrongful death claims are particularly complicated and emotionally involved. Dealing with the legal process while mourning the loss of somebody so close to you can be emotionally taxing and overwhelming. Our Rhode Island wrongful death lawyer understands how difficult it is to lose a loved one and will support you every step of the way and ensure you and your family get the compensation you deserve.

Contact Tapalian Law Today

As with personal injury claims, there is a statute of limitations for filing a wrongful death claim, and if the claim and ensuing paperwork isn’t filed by the appropriate deadlines, you may be ineligible to seek compensation, or your case may be dismissed. It’s crucial to seek legal advice as soon as possible to preserve the integrity of your claim. Attorney David Tapalian provides a free consultation to evaluate your case, explore your options, and help you decide what your next best steps are. Our skilled legal team will answer any questions you may have and give you a better understanding of how to proceed with your case. To speak with an experienced wrongful death attorney in RI and MA, call Tapalian Law at 401-552-5000 or use our simple online form to book your free consultation.

Miscommunication is a significant cause of preventable “adverse events” in surgical cases and a research study at the University of Pittsburgh Medical Center looked at the dangers of using inexact language in the operating room. Certain words can be ambiguous and potentially lead to devastating consequences for surgery patients. Authors of the study looked through 319 minutes of medical transcripts for surgeries occurring at the University of Pittsburgh Medical Center and overall, the publication claims that within those surgeries there were almost 4,000 instances of imprecise language. The surgical teams used ambiguous language over 12 times per minute. In particular, with six of the different surgeries, the researchers found that medical professionals used inexact language over 130 times.

A common example cited in the study was rounding a numerical measurement that should have been stated precisely, i.e., instructions called for a cut “around” 4 centimeters, for a proposed cut of precisely 3.5 centimeters. One sentence that particularly stood out to researchers was “take this over there.” In this statement, two of the words are largely ambiguous and can be taken to mean multiple different things. The word “this” doesn’t make clear what object “this” refers to, and “there” does not explicitly state the location of “there”. Leaving the interpretation open by using inexact, or highly subjective, language can result in a misinterpretation and potential error. If a patient suffers an injury due to a surgical error, they should seek legal advice from a personal injury attorney in Rhode Island who is experienced with medical malpractice claims.

Proposed Solutions for Inexact Language in Medical Practice

Semantical experts advise that surgeons practice using more direct and explicit language to ensure patient safety, even it may come off as a bit boorish in the moment, as one hypothesis for why many phrases are not exact is that lead doctors do not want to seem rude when talking to residents or medical students. Another potential solution is to equip operating rooms with more signs that can be used to designate which way is left, right, up, and down. These signs would standardize the directions of the room no matter what location someone may be situated in.

Alternatively, some other studies claim that miscommunication is not as large as a problem causing medical errors as previously thought and the authors claim that one of the most common medical errors is caused by an error of omission, which means not doing something when it should have been done. For example, a doctor might not prescribe a certain medication or recommend a specific surgery when it was actually needed for a patient’s wellbeing. The other common error is of commission, meaning that the medical provider made a procedural mistake. One instance is when a pharmacist measures the dosage of a prescription incorrectly. These researchers claim that minimizing medical errors should focus on reducing these two errors as opposed to miscommunication.

A Personal Injury Lawyer Can Help with Your Rhode Island Medical Malpractice Claim

If you or someone you love has suffered an injury due to a medical error or medical misdiagnosis, Attorney David Tapalian can help determine if you have a valid medical malpractice claim. If your doctor or healthcare provider is found negligent and responsible for your injuries, you may be eligible for compensation for your hospital expenses, medical bills, lost wages, and pain and suffering. David has a record of achievement spanning hundreds of personal injury cases across Rhode Island, Massachusetts, and Florida. With a main office located in downtown Providence with free parking, Tapalian Law is conveniently located for you to get help following a medical malpractice injury. If you are hurt, we will travel to the hospital to speak with you or set up a virtual call at your convenience. Medical malpractice cases need to be completed within a specific time period, so don’t delay seeking help. Call Tapalian Law at 401-552-5000, or set up your free consultation online.

Establishing a Medical Malpractice Case in Rhode Island

To determine the potential for a medical malpractice case, the injured must prove that a relationship existed between the doctor and the patient. If your neighbor is a doctor and chatted with you about your medical issues one day but had never treated you or saw you in their office for medical purposes, it would be more difficult to prove a patient/doctor relationship versus your long-time physician with a lengthy medical history file for you as their patient. Once that relationship has been clearly established, the plaintiff will need to prove negligence on the part of the medical professional and ensuing injuries and damages. It is extremely helpful to have an experienced RI medical malpractice lawyer like David Tapalian on your side to successfully prove these damages.

Proving Negligence in a RI Medical Malpractice Case

The burden of proof in a RI medical malpractice case is on the plaintiff, the injured patient, to prove negligence occurred on the part of the doctor or medical professional. Being unhappy with your results or recovery period is not enough to have a medical malpractice claim. To be able to sue for medical malpractice, the injured must be able to show that the physician caused harm, with injury and damages resulting, that another competent doctor would not have under similar circumstances. It becomes a question of whether the doctors care was considered “reasonably skillful and careful”. Said negligence needs to have caused injury and resulted in specific damages such as pain and suffering, time lost from work, additional medical expenses, or other losses.

In medical malpractice cases, qualified expert witnesses are very often called upon to give their professional opinion. This can be very useful, and often essential, in a medical malpractice case. To be a qualified medical expert witness, the person must have “acquired by reason of study or experience or both such knowledge and skill in the medical profession as to be better qualified than the fact finder to form an opinion on the particular subject of his testimony.” Expert medical witness testimony can be extremely valuable in your medical malpractice lawsuit.

Statute of Limitations for Filing a Medical Malpractice Lawsuit in RI

As with other types of Rhode Island personal injury claims, there is a 3-year statute of limitations to file a lawsuit for a RI medical malpractice claim. That means three years from the date of injury, or date of loss. If the damage was not immediately known, then the statute is three years from when the injury should have been reasonably discovered. If you attempt to file a medical malpractice lawsuit after the statute of limitations, most likely it will not be heard. It is best to consult an experienced medical malpractice lawyer as soon as you incur an injury after medical treatment or immediately after you discover the injury.

Consult an Experienced Providence Injury Lawyer for Your Medical Malpractice Claim

If you think that you or a loved one have been injured due to negligent treatment by a doctor or other medical professional, seek expert legal advice immediately. Call Tapalian Law at 401-552-5000 to find out if you have a potential RI medical malpractice claim. We will meet with you the same day at our Providence, RI or Seekonk, MA office, or if you are too injured to come to us, we will come to you. The sooner you contact us, the sooner we can help you seek the compensation you deserve for your medical malpractice injuries.

What is Wrongful Death?

A wrongful death is a death caused by another’s act of negligence. The act of negligence could be medical malpractice, a car accident, a motorcycle accident, or a workplace accident, among other causes. When a family member dies due to the negligence of another person such as a doctor, hospital, or drunk driver, surviving dependent’s may qualify to file a wrongful death lawsuit. Proof of injury in a wrongful death claim is essential. In the particular example in Part 1 of the blog, a wrongful death case may arise because a patient, Mr. Nutter, died possibly as a result of medical negligence. His eligible family members may attempt to file a wrongful death lawsuit against the responsible hospital or doctor. Even seemingly straight-forward wrongful death lawsuits can be complex and turn quite complicated. When hiring a wrongful death attorney, you should seek out experience. Attorney David Tapalian is a skilled and tenacious lawyer helping Rhode Island and Massachusetts residents with their wrongful death and medical malpractice legal needs.

Who is Eligible to File a Wrongful Death Lawsuit?

Typically, the person who files the wrongful death lawsuit on behalf of the deceased will be their closest surviving relative- such as a spouse, parent, or child. It is common for the family member filing the lawsuit to also be the executor or administrator of the deceased’s estate. Sometimes, there is no dispute among family members who will be appointed to this role. However, if and when there is a dispute among family members who have an equal relationship to the deceased’s, such as two children, the situation can get complicated. If this happens, the matter may go to court to be decided who will represent the best interest of the deceased person’s estate. Once that is established, the appointed family member may decide to move forward with a wrongful death lawsuit.

A Rhode Island Medical Malpractice Wrongful Death Attorney Can Assist Families Who Have Experienced a Loss

The types of damages recovered in a medical malpractice wrongful death case are similar to the types of compensation recovered in a medical malpractice claim and may include lost wages, medical bills, and pain and suffering. Wrongful death specific damages may include funeral and burial expenses as well. In addition, any family members who counted on financial support from the deceased may be entitled to recover damages for loss of support. This could include support for a child up to age 18 and also financial college support if it can be proven that the parent would have provided this. Rhode Island does not have a cap on damages that can be awarded in such a lawsuit, although many other states do have caps in effect. As you can see, wrongful death and medical malpractice cases are multifaceted and can prove to be difficult. Even the simplest claim can become complicated quickly. Rather than make a mistake that could hurt your chance at recovering compensation, put the experience of a Rhode Island Medical Malpractice Wrongful Death Lawyer to work for you during this difficult time. Contact Tapalian Law at 401-552-5000 to discuss the details of your potential medical malpractice or wrongful death case at no charge. You can also reach us through our website contact form.

What is Medical Malpractice?

Medical malpractice occurs when a hospital, doctor, or other healthcare or medical professional, through a negligent act or omission, causes an injury to a patient. The negligence may be due to errors in diagnosis, treatment, aftercare, or health management. According to the American Board of Professional Liability Attorney’s, to be considered medical malpractice under the law, the claim must meet the following criteria:

• Violation of the standard of care– The law acknowledges there are certain medical standards recognized by the profession as being acceptable medical treatment by reasonably prudent health care professionals under like or similar circumstances. This is known as the “standard of care”. A patient has the right to expect that health care professionals will deliver care that is consistent with these standards. If determined that the “standard of care” has not been met, then negligence may be established.
• Injury was caused by the negligence– For a medical malpractice claim to be valid, it is not sufficient enough that a health care professional violated the standard of care. In addition, the patient must prove he or she sustained an injury that would not have occurred in the absence of negligence. A negative outcome by itself is not malpractice. The patient must prove that negligence caused the injury. If there is an injury without negligence or negligence that did not cause an injury, there is not a valid case.
• Injury resulted in significant damages– Medical malpractice lawsuits are extremely expensive to litigate and often require testimony of numerous medical experts and countless hours of deposition testimony. For a case to be feasible, the patient must show that significant damages resulted from an injury received due to medical negligence. If the damages are slim, the cost of pursuing the case might be greater than the eventual recovery. To pursue a medical malpractice claim, the patient must prove that the injury resulted in disability, loss of income, unusual pain, suffering and hardship, or significant past and future medical bills.

Examples of Medical Malpractice

• Misdiagnosis
• Delayed Diagnosis
• Misreading Laboratory Tests
• Failing to Order Proper Testing
• Birth Injuries
• Anesthesia Errors
• Medication Errors (dosage, incorrect prescriptions)
• Surgical Errors (damage to internal organs, leaving items inside the body, operating on incorrect parts)
• Premature Discharge

What is Wrongful Death?

A wrongful death case may arise when a patient dies as a result of medical negligence. Certain family members may file a wrongful death lawsuit against the responsible hospital or doctor. We will explore wrongful death lawsuits in Part 2 of this blog.

Seek Out a Rhode Island Medical Malpractice Attorney for Guidance

If you or a family member feel you have been the victim of medical malpractice resulting in severe injury, consult with a Rhode Island medical malpractice attorney at Tapalian Law. If you have been injured due to the negligence of a hospital, doctor, or other healthcare professional, you may be eligible to seek monetary damages for your injuries. A recent study by Johns Hopkins suggests medical malpractice is more common than we may think. Tapalian Law is a personal injury law firm located in Providence who is ready to fight for your right to compensation for a medical malpractice claim. We provide a free consultation to victims of injuries due to medical malpractice, car accidents, motorcycle accidents, and slip & fall accidents. Contact medical malpractice injury attorney David Tapalian today at 401-552-5000 to discuss your potential medical malpractice claim or accident related injury. You can also contact us via our easy, online form.

A Rhode Island Medical Malpractice Attorney Can Help You Seek Compensation

A 2016 study by Johns Hopkins suggests that medical malpractice occurs more often than we think. Medical malpractice lawsuits can be extremely costly to physicians and hospitals. In 2015, an Exeter man was awarded $25 million, the highest award in a medical malpractice lawsuit at that time, in a malpractice claim against Rhode Island Hospital. Medical malpractice occurs when a doctor, or other medical professional, fails to properly treat a patient’s medical condition and their negligence results in harm or worsened injury to the patient. A medical error is not always a negative reflection on a particular physician but is commonly due to poor systems within a hospital or medical office setting. It is often due to a lack of communication among staff leading to poor patient care or an absence of safety protocols. Examples of medical malpractice cases include: missed or delayed diagnosis, birth injuries, anesthesia, or medication errors (incorrect dosage or prescription), and surgical errors. Guidance from a medical malpractice lawyer will assist you in determining if an error was made by your doctor or physician. In the case of Mr. Sfameni, he suffered from a genetic blood-clotting disorder requiring him to take blood thinners. He presented at the Rhode Island Hospital emergency room in December 2010 suffering from various medical issues. Throughout his care for these problems, he was taken on and off the blood thinners, based on the advice of the various doctors who treated him. While off the medication he became seriously ill, suffering from severe blood clots in his legs and lungs. His right leg had to be amputated due to gangrene.

Proof of Injury is Necessary in a Medical Malpractice Case

As with all personal injury claims, proof in a medical malpractice case must be made that injury occurred due to the negligence of another. In a medical malpractice suit, a medical error caused the harm. In the case of Mr. Sfameni, his medical malpractice lawyer argued that Sfameni would not have lost his leg to gangrene and suffered potentially life-threatening clotting if not for the errors of the doctor’s improper advice about the blood thinners. The amputation caused him to suffer from anxiety, depression, immobility, and isolation, the attorney claimed.

Hire a Personal Injury Attorney for Your Medical Malpractice Grievances

Medical malpractice cases can be extremely complicated and often require extensive investigation and research. If you feel you, or a loved one, experienced an injury or harm due to a mistake by your doctor or other medical professional, seek the advice of an experienced medical malpractice injury attorney. At Tapalian Law, we offer a free, no-obligations consultation to victims of injuries due to medical malpractice, car accidents, motorcycle accidents, and slip & fall accidents. We will carefully listen to the complexities of your particular situation, and advise you as to whether we think you have a valid personal injury case. There is a statute of limitations to file a personal injury lawsuit, and the sooner you contact us, the better we can assist you in seeking fair compensation for your injuries. Contact medical malpractice attorney David Tapalian at Tapalian Law today at 401-552-5000 to discuss the particulars of your accident related injury or medical malpractice claim. You can also contact us via our easy, online form.