Medical Malpractice

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Every year thousands of people are injured as a result of medical malpractice. Nationally, the Harvard Medical Practice Study estimated that, each year, more than 180,000 people die, at least in part, because of medical mistakes. At the law offices of d'Oliveira & Associates, P.C., we are committed to providing our clients in Rhode Island and SE Massachusetts with outstanding legal representation and legal services. The services we offer our clients who have been the victims of medical malpractice are no exception. When you become a client of d'Oliveira & Associates, P.C., you can be assured that our attorneys and dedicated support staff will be with you every step of the way.

Stated simply, Medical Malpractice occurs when a person suffers severe injuries as a result of a professional's misconduct, failure to use adequate care, or lack of skill. The malpractice general rule is that professionals, including doctors, dentists, and other medical providers, must act with the level of skill and learning commonly possessed by members of the profession in the same geographic community. A professional will only be liable for malpractice if he acted without the requisite minimum skill and competence, not merely because the operation or procedure was not successful. Attorneys at d'Oliveira & Associates, P.C., regularly work with experts in order to establish the level and skill of doctors in the same geographic community. Any physician, dentist, medical provider or hospital employee can be guilty of malpractice or medical negligence.

Suits Against Health Care Professionals and Hospitals

Health care professionals and hospitals are responsible for compensating a patient injured as a result of medical malpractice

Medical malpractice suits against hospitals and non-physician health care professionals arise under the following circumstances:

When government agency that runs hospitals or provides a certain kind medical care is negligent and causes harm to one of its patients.

When a hospital administers improper or overdoses of medication, negligent nursing care, inadequate sanitation, infection, or equipment failure.

When a physician, who in the general practice of medicine does not live up to the general accepted standards of practice in the community.

When a medical specialist does not live up to a nationally accepted standard of practice for specialists in that field of medicine.

Suits Against Doctors

In suits against the Doctors, medical malpractice claims most commonly occurs under the following circumstances:

When the physician delayed diagnosis of a medical condition, or did not diagnosis the patient's medical condition at all.

When the physician made the correct diagnosis, but then did not treat the medical condition properly.

When the physician did not perform a surgical procedure properly.

When the physician did not obtain the informed consent of the patient before performing a procedure or operation.

Birth Defects and Injuries

Our attorneys and associated medical experts are qualified and ready to help you in the event that medical malpractice has led to birth defects or injuries to a loved one. Birth defects and injuries are a source of pain, suffering and sadness for families and can lead to tremendous emotional costs. Sadder still is the possibility of long-term and catastrophic medical costs that are often required for the care of birth defect and birth injury victims. A successful medical malpractice claim can often help a family to overcome these costs and provide the victimized child with the proper and necessary medical care and attention. If you believe that medical malpractice has caused your loved-one to suffer from a birth defect or injury, please call us now. Let us help you!

Cerebral Palsy: Cerebral Palsy is a group of disorders characterized by loss of movement and/or loss of other nerve functions. These disorders are caused by injuries to the brain that occur during fetal development near or at the time of birth. The incidence of cerebral palsy is approximately 2 to 4 individuals for every 1000 births. Cerebral palsy results from injury to the cerebrum (the largest portion of the brain, involved with higher mental faculties, sensations, and voluntary muscle activities). Proper detection and diagnosis are critical for effective treatment. If your loved one has been the victim of cerebral palsy, please contact us now for help.

Erb’s Palsy: Erb's palsy, Brachial Plexus Palsy, or Shoulder Dystocia occurs when excessive lateral traction is applied to the fetal neck region during delivery. This can cause the baby's nerves to be torn, resulting in a limp arm. Tearing of these nerves can cause permanent paralysis of the arm. Proper detection and diagnosis are critical for effective treatment. If your loved one has been the victim of erb's palsy, please contact us now for help.

Possible Causes of Birth Defects or Injuries:

Failure to respond to bleeding.
Failing to respond to umbilical cord entrapment. Failure to respond to fetal distress.
Delay in ordering C-section.
Misuse of vacuum extractor or forceps.
Improper use of pitocin, or other drugs administered during childbirth.
Poor newborn care after birth.
Failure to manage infection.

Possible Symptoms of Birth Injury:

Floppy, depressed, pale or blue after birth.
Seizures and neurological problems in first days of life.
Permanent damage often including cerebral palsy, cortical blindness.
Mental retardation or learning deficits.
Missed Diagnosis of Cancer

Missed diagnosis of Cancer is the most frequent cause of medical malpractice lawsuits. While any form of cancer is devastating to the sufferer as well as to the sufferer’s family, early and correct diagnosis can dramatically improve a patient’s chances for survival. Sadly, some doctor’s simply ignore their patient’s symptoms, or fail to detect or discover their patient’s early warning signs of cancer. If you have cancer, and you think it should have been detected earlier we can help. Our attorneys and associated medical experts are qualified, experienced and ready to work on your behalf for a fair and efficient resolution to your claim.

Missed Diagnosis of Breast Cancer: More than 10% of women will develop breast cancer in their lifetime. Breast cancer is the leading cause of death in women ages 40-60. However, breast cancer is treatable and the survival rate is good. About 85% of women whose breast cancer is detected early will survive at least 5 years. Therefore, early detection of breast cancer by your physician is essential. If you have breast cancer, and you believe that it should have been detected earlier, we can help. Our attorneys and associated medical experts are qualified, experienced and ready to work on your behalf for a fair and efficient resolution to your claim.

Missed Diagnosis of Melanoma: Malignant melanomas are the deadliest form of skin cancer. Fortunately, the disease generally is not deadly if it is diagnosed and treated properly right away. However, doctors sometimes do not detect this cancer soon enough because they do not perform a proper or complete physical exam. Doctors also sometimes ignore the early warning signs of this cancer and do not order a biopsy or consultation with a specialist soon enough. Also, once it is found, the cancer must be removed quickly and properly. If it is not completely removed, the cancer may come back and your chance for survival may not be as good. If you have skin cancer, and you believe that it should have been detected earlier, we can help. Our attorneys and associated medical experts are qualified, experienced and ready to work on your behalf for a fair and efficient resolution to your claim.

Missed Diagnosis of Colon Cancer: Colon cancer does not grow, or spread quickly, and most doctors agree that early detection and diagnosis is the best chance for a cure. If you are over the age of fifty, your doctor should do routine check-ups for this type of cancer. Unfortunately, some doctors misdiagnose this cancer, or do not find it at all until it is too late. If you have colon cancer, and you believe that it should have been detected earlier, we can help. Our attorneys and associated medical experts are qualified, experienced and ready to work on your behalf for a fair and efficient resolution to your claim.

Missed Diagnosis of Prostate Cancer: Like colon cancer, Prostate cancer does not grow or spread quickly. Early detection and diagnosis is the best chance for a cure. Your doctor should perform routine examinations and blood tests after the age of fifty. These regular check-ups are essential if early diagnosis is to be made. If you have prostate cancer, and you believe that it should have been detected earlier, we can help. Our attorneys and associated medical experts are qualified, experienced and ready to work on your behalf for a fair and efficient resolution to your claim.

Operating Room Negligence

Surgical Negligence: All surgeries can be risky in their own right. Unfortunately, patients are sometimes needlessly injured by surgeons who do not perform up to the standard of care that is required of them. These needless injuries are frustrating and deeply saddening to both the victim and their families. Some of the most common injuries are caused when surgeons perform an operation that is not needed, or when the surgeon is not qualified to perform the operation. The negligent surgeon may not realize that the patient was harmed during the operation and does nothing about it until the patient suffers from unnecessary complications. The negligent surgeon may also have left surgical tools such as sponges or operating equipment inside the patient causing unnecessary harm. Lastly, the surgeon may not have informed you of all the risks and possible complications of the operation before you decided to have the surgery. If you believe that you or a loved one has been the victim of surgical negligence, we can help. Our attorneys and associated medical experts are qualified, experienced and ready to work on your behalf for a fair and efficient resolution to your claim.

Anesthesia Negligence: The drugs used to anesthetize patients in the operating room are very strong, and when not used correctly can cause serious injuries or even death. General anesthesia may cause any number of injuries from lack of oxygen or overdose. Certain kinds of spinal anesthesia have been known to cause paralysis when administered incorrectly. Even anesthetics given during childbirth can cause injury or death to the mother or cause permanent damage in the newborn infant. Injuries caused by anesthetics are complex, and often difficult to prove legally. Therefore it is essential that you find an experienced, and knowledgeable attorney to represent you. If you believe that you or a loved one has been injured due to negligence by the anesthesiologist, we can help. Our attorneys and associated medical experts are qualified, experienced and ready to work on your behalf for a fair and efficient resolution to your claim.

Missed Diagnosis of Bacterial Meningitis

Nearly five hundred people each year, mostly children may be misdiagnosed and die because of a doctor’s failure to recognize and treat meningitis. Doctors often mistake the disease for a common flu, but unfortunately Meningitis can kill a child within 24 hours, if left untreated.

Meningitis results from either a viral or a bacterial infection of the fluid in the spinal cord and the fluid that surrounds the brain. Knowing whether a particular case of meningitis results from a virus or a bacterium is important because of differences in the seriousness of the illnesses and the treatment needed. Viral meningitis, also called aseptic meningitis, is usually relatively mild, clearing up within a week or two without specific treatment. Bacterial meningitis is much more serious. It can cause severe disease that can result in brain damage and even death. If you believe that you or a loved one has been the victim of a doctor’s failure to diagnose meningitis, we can help. Our attorneys and associated medical experts are qualified, experienced and ready to work on your behalf for a fair and efficient resolution to your claim.

Wrong Prescriptions

Taking the wrong medication is very dangerous and can have deadly consequences. Equally dangerous is taking a medication that does not interact properly with another medication that you have been prescribed. If you are given the wrong medicine by your doctor and are hurt by it, you may have a claim against your doctor as well as the pharmacy who sold you the medication or, if you are in the hospital at the time, the nurse who gave the medication to you. If you believe that you or a loved one has been hurt because of a doctor’s failure to give you the right medication, we can help. Our attorneys and associated medical experts are qualified, experienced and ready to work on your behalf for a fair and efficient resolution to your claim.

Hospital, Staff and HMO Malpractice

Hospital Negligence: Recent, reputable nationwide studies have shown that hospital errors and medical negligence are among the leading causes of death in the United States. Hospitals may be responsible for treatment that causes you harm because the care does not meet acceptable standards. If the hospital, its doctors or other hospital staff and employees are careless, not properly qualified, or do not follow the established procedures or rules, they may be held accountable to you for the injuries that you suffered as a result of their negligence. Also, the hospital may not have procedures that are sufficient to protect a patient’s health and well-being. If you believe that you or a loved one has been hurt by a hospital’s negligence, we can help. Our attorneys and associated medical experts are qualified, experienced and ready to work on your behalf for a fair and efficient resolution to your claim.

Staff Malpractice: Nurses and other hospital staff members are responsible for many important parts of a hospitalized patient’s treatment and care. Some of their responsibilities include monitoring vital signs such as blood pressure or heartbeats, performing minor treatments and calling a doctor if the patient’s condition becomes urgent or serious. Sometimes nurses and staff may not provide care that is required by standard practices. This substandard care can result in harm to the patient. Nurses and staff may also fail to recognize serious or emergency conditions soon enough, or fail to notify the doctor of an emergency until it is too late. Nurses and staff may also fail to give the proper medication, and their negligence may also cause the patient to suffer the effects of wrongly administered or dangerously mixed medications. If you believe that you or a loved one has been hurt by the negligence of a hospital's nurses and staff, we can help. Our attorneys and associated medical experts are qualified, experienced and ready to work on your behalf for a fair and efficient resolution to your claim.

HMO Negligence: HMOs and managed care are businesses and may not always put their patient’s health and well-being first. For example, in an effort to cut costs, they may not allow diagnostic procedures or treatments that are medically necessary. These cost-cutting measures may cause you serious harm or even death. If you believe that you or a loved one has been hurt because of negligence by your HMO or health insurance provider, we can help. Our attorneys and associated medical experts are qualified, experienced and ready to work on your behalf for a fair and efficient resolution to your claim.

General Treatment Negligence: If a doctor or other health care provider did not treat you according to the medically required standard of care, then that individual was negligent. If this negligence caused you harm, then you may have a claim or cause to file a suit for medical malpractice. All medical staff and especially doctors have a duty to treat their patients in a manner that conforms to the acceptable standard of care of similar doctors or health care providers in the United States. Even so called “tough-decisions” must conform to that standard of care. If you believe that you or a loved one has been hurt because your doctor or other healthcare provider was negligent, we can help. Our attorneys and associated medical experts are qualified, experienced and ready to work on your behalf for a fair and efficient resolution to your claim.

We hope that this brief discussion has given you some insight into some of the complexities involved in malpractice cases. Most importantly, if you believe that you or a loved one has been the victim of medical malpractice, you need a law firm that can handle these cases. If we feel that our firm is not the most qualified to handle your particular case we will be happy to use our experience and know-how to help you find a lawyer that can provide you with the legal representation and dedication you deserve. Remember, we never charge you any fees or expenses, unless your case is successful.

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