The law firm of Mandell, Boisclair & Mandell, Ltd represents those who have suffered from serious injury or death as a result of medical malpractice, also known as medical negligence. Medical malpractice cases are complex, expensive, and time-consuming. As a result, we thoroughly evaluate, research, and investigate potential claims. Our attorneys and nurses carefully review all of the medical records and pertinent medical literature. We are selective in the clients we choose to represent. Typically, our clients have suffered significant permanent injuries or the death of a loved one.
Medical Negligence occurs when a medical provider (i.e. a doctor, surgeon, anesthesiologist, nurse, dentist, or other health care professional) acts or fails to act in a manner that deviates from the accepted standard of care.
We handle both Rhode Island Medical Negligence and Massachusetts Medical Negligence claims involving:
- Anesthesia errors
- Birth injuries (cerebral palsy) and pregnancy difficulties
- Brain injuries
- Emergency room errors
- Failure to diagnose or misdiagnosis of cancer
- Medical errors, prescription errors, and pharmacy errors
- Obstetrical and gynecological negligence
- Spinal cord injuries, paraplegia, and quadriplegia
- Surgical Errors
- Women’s health issues
- Wrongful death
How Does A Medical Malpractice Lawsuit Work?
The first step to putting together a malpractice claim will be a free consultation where we’ll go over the details of your specific situation and give you an honest case evaluation. If we think you have a valid claim, we’ll discuss how we can help and what our approach would be. We’ll do our best to answer any questions you may have during the initial consultation and start putting together a plan to move forward.
Gathering Your Medical Records
Next, we’ll need to start gathering your medical records. Our team will instruct you on exactly what needs to be done to make a formal request for all of the records that will be needed to move forward with your claim. The goal will be to put together as many details as possible about your medical consultations, treatments, tests and results, past and present health status, etc.
Once we’ve gathered and reviewed your medical records, if we feel we have enough to move forward, the next step will be to obtain expert support for your claims. In order to file a medical malpractice claim in Rhode Island and Massachusetts, you need a medical expert to testify that the conduct of the medical provider at issue was below the standard of care and caused your injuries.
Draft And File Your Malpractice Claim
Once we’ve gathered and reviewed your medical records and obtained expert support for your claims, the next step will be to draft and file a malpractice lawsuit, or complaint, on your behalf. This is where we will describe what has happened to you, the consequences you’ve suffered, and the compensation you should receive for your losses and pain and suffering.
Litigation Of Your Claim
Next comes the actual litigation of your claim. This is known as the discovery phase. At this point, we will seek out documents and statements from those who may be at fault as well as others involved with your case. We will typically gather affidavits (written statements) and depositions (oral statements) from involved parties and witnesses. This may also involve filing motions to force cooperation if any of the parties deny our requests.
The other side will be going through the same process and may make requests to you. They may, for example, ask that you undergo a medical exam to determine your current state of health.
Often times the parties will try to negotiate a settlement before your case comes to trial. A settlement will often be the fastest way for you to get the compensation you deserve and move on with your life.
We will handle all of the negotiations with the defendant’s attorney(s) and report to you. We’ll give you our professional opinion on any offers made, but the final decision to accept or decline will be yours.
Going To Trial
If a settlement agreement can’t be reached, we will take your medical malpractice case to trial. A trial will involve the presentation of evidence from both plaintiff and defendant as well as testimony from expert witnesses on both sides who will attempt to explain the medical aspects of the case to the jury.
If your case goes to trial, our team will thoroughly prepare you as well as any witnesses before the trial actually happens.
The jury’s decision will be announced in court. If the jury rules in your favor, the amount you will be awarded will also be announced.
Speak With A Qualified Medical Malpractice Attorney
Be careful about taking legal advice from just any personal injury attorney. Medical malpractice claims are different from the average personal injury claim. They require the help of a law firm that is not only experienced but understands the specifics of both medicine and the law. Success depends on more than just proving that you’ve been hurt. It must be proven that a medical professional was negligent when caring for you or a loved one.
The law office of Mandell, Boisclair & Mandell, Ltd has the knowledge and experience you need on your side. We have won more million-dollar awards as well as more awards over $10,000,000 than any other law firm in Rhode Island’s history.
If you have been the victim of medical malpractice, you can contact us online anytime or call 401-273-8330 to schedule an appointment. Your initial consultation is free and confidential. We’ll be happy to go over your case and discuss what we can do to help you with your malpractice claim.