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FAQ Medical Negligence

Your Questions About Medical Negligence Answered

DeLuca & Associates, LTD. Attorneys at Law, is distinguished for our capacity to handle the most complex cases involving medical that failed to meet the expected standards. More than your typical personal injury litigation firm, we offer a staff of full-time medical professionals, which gives us the ability to better identify and document the causes and consequences of medical malpractice.

Contact us for a free consultation. We empower people to hold medical professionals and hospitals accountable for breaking the rules.

From offices conveniently located right off Interstate 95 in Providence, with ample parking available, we represent individuals and families harmed by sub-standard medical care in communities throughout Rhode Island and Massachusetts. We are available to schedule evening and weekend appointments if necessary, and we can travel to your home or hospital if you cannot come to our office due to your injuries.

Our attorneys and members of our professional medical staff talk to people every day who call us with questions regarding a possible case of medical malpractice. Here are some of the most frequent questions we answer. Contact us to arrange a consultation to discuss the specific circumstances of your injury or wrongful death claim.

FAQ About Medical Negligence


How Do I Know If I Have A Case For Medical Negligence?

Health care providers are expected to meet the highest standards for providing an accepted level of care in their specialty and profession. If you have a sense that your doctor took shortcuts during the diagnosis or treatment, or if your treatment resulted in medical problems you would not have otherwise experienced, you may have a legitimate case. You probably won’t know unless you talk to an experienced medical malpractice litigation attorney. Begin by asking these questions: Did your doctor do everything possible to diagnose you correctly? Did the misdiagnosis and prescribed treatment cause you additional medical harm? Did you suffer unnecessary pain and/or financial loss because of the inappropriate treatment? If the answer is yes to any of these questions, schedule a free consultation with an attorney at DeLuca & Associates, LTD.


What If I Can't Afford To Hire A Lawyer To File A Medical Malpractice Lawsuit In Rhode Island?

Our firm handles all litigation cases on a contingency fee basis. You will only pay attorneys fees as a percentage of what we help you recover in a negotiated settlement or jury award. If you don’t recover money damages, you won’t pay lawyer fees. We will explain our contingency fee structure and, if possible, associated costs during your initial free consultation.


How Do I Move Forward With A Lawsuit Against My Doctor?

Before you retain us as your lawyers, we will explain the process and evaluate your case. After you formally hire us, we will handle everything. You will not have to confront your doctor. We will contact your doctor’s office for records and thoroughly investigate and prepare your case. Although the large majority of medical malpractice cases settle out of court, we know that the only way to make sure the medical malpractice insurance company will be fair is when it sees we are prepared to win in court.


How Long Will It Take To Recover Compensation?

Medical malpractice cases are often complex and require a lengthy litigation process, as the insurance defense team does everything possible to block your case and avoid a fair settlement. Some cases can settle in less than a year. Many take more than two years.DeLuca & Associates, LTD has the financial and professional resources to stay with your case until the best possible resolution, no matter how long it takes.


What Will My Injury Be Worth In Money Damages?

There is simply no way of knowing what an individual case will settle for. Factors depend on what similar cases have settled for in your area in the past and the damages your injury has caused to your long-term health.

Medical Malpractice FAQs

1. How do you know if you have a case for medical malpractice?

Medical malpractice is a complex area of the law. The most effective way to determine if you have a case is to schedule a free consultation with DeLuca & Associates, LTD.

2. Do I need a lawyer for a medical malpractice case?

As with any type of action, it is possible to proceed without legal representation. However, the complexity of the law and the rules governing court procedures make this extremely difficult to do without an experienced medical malpractice attorney.

3. How long does it take for a medical malpractice case to go to trial?

Most medical malpractice claims can be resolved out of court by the attorneys through mediation or arbitration. The time to go through court is longer and depends on many factors.

4. Is medical malpractice a civil or criminal case?

Medical malpractice is typically a civil case.

5. Is medical malpractice insurance required?

Medical malpractice insurance is not required by federal law, but many states require a doctor to carry this insurance. In Rhode Island, doctors are required by the state to have minimum levels of insurance coverage to practice.

6. What kind of lawyer do I need for medical malpractice?

Medical malpractice cases through DeLuca & Associates, LTD. are handled by specialized lawyers in personal injury and medical malpractice areas.

7. Are medical malpractice settlements taxable?

In most situations, medical malpractice settlements are non-taxable by the IRS. The exception is if medical deductions were claimed on your taxes prior to the award. The amount previously deducted is taxable.

8. How long do medical malpractice suits take?

There are many factors involved, including the complexity of the case, if it settles before litigation, and how many cases are already on the court docket.

9. How much do you get for a medical malpractice suit?

This varies on the type of injury and the specifics of the case.

10. What do medical malpractice lawyers charge?

The contingency fee is set as a percentage of the award not to exceed a maximum of 40%.

11. What is the statute of limitations in a medical malpractice case?

In Rhode Island, the statute of limitations is three years. Still, it is essential to communicate with DeLuca & Associates, LTD. as soon as possible.

Every medical malpractice case has a specific set of circumstances. If you think you have suffered an injustice while under the care of a health care provider, contact our firm to arrange a no-cost consultation.