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How Do I Know If I Have A Medical Malpractice Case

Elements Of A Malpractice Case

Many people have a misunderstanding about medical negligence. At DeLuca & Associates, LTD Attorneys at Law, we talk to individuals every day who call to ask us whether a persistent medical problem or unsuccessful surgery might be the result of medical malpractice. The truth is, proving a case for medical that does not meet professional standards is actually a two-part legal issue.

At our firm, we believe patients need information to select a doctor or hospital that meets their needs. Call us first with your questions about sub-standard medical care: (401) 453-1500.


Was Your Medical Treatment Below A Standard Of Care?

We must show that the injury was caused by decision or course of conduct that was below an accepted standard of medical care, and we will need to employ one or more medical experts to prove that fact


Was The Injury Permanent And Significant?

We must prove to the court that your injury was not only serious, but that it was permanent. If you’re going to recover from that injury, then we may not have a case.


Was The Injury Caused By The Substandard Care?

Very simply, we have to prove a link between the substandard care and the serious, permanent injury that you received. Again, we will often employ outside experts who know about your type of injuries.


If your doctor took every standard precaution and followed accepted medical procedures, but arrived at the wrong diagnosis, it does not necessarily mean he or she was negligent. To win your case, we will have to prove that your doctor, surgeon or other health care provider failed to meet the standard level of care expected by other health care providers in the same field or specialty.

Improper Treatment

We must also prove that the medical treatment prescribed and followed for your diagnosed disease or injury met the medical standards. That includes X-rays, MRI and other test results were read properly and used appropriately to guide treatment options. If your doctor was unsure of the results, but failed to refer you to a specialist or refer your case to a diagnostic specialist, you may have a case for not meeting the standard and accepted level of medical care.

Resulting Injury

Proving misdiagnosis and inappropriate medical treatment may not be enough to prove that your medical care did not meet the expected standards, unless you can also show that the treatment you received caused you additional medical harm. Not curing your disease is typically not enough to prove that your medical care did not meet expected standards, unless we can show a significant financial loss directly related to the inappropriate care.

If You Suffered An Injury And Financial Losses After Receiving Treatment By A Doctor, Surgeon Or Other Health Care Provider, We Ask These Three Basic Questions:

Did the doctor do everything reasonable to ensure a proper diagnosis?
Did the diagnosis and treatment lead to additional injury or illness?
Did the additional injury or illness lead to increased pain and financial loss?

We believe that each doctor and hospital has a responsibility to their patients and the community to provide the highest level of preventive care, diagnosis and medical treatment up to the standards of their profession.

If the answer is yes to any of these questions, there may have a legitimate claim for compensation for injuries resulting from sub-standard medical care by your health care provider. Contact DeLuca & Associates, LTD. in Providence, Rhode Island, to discuss your case with one of our experienced lawyers. We represent clients throughout Rhode Island and Massachusetts.