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Rhode Island Medical Malpractice Frequently Asked Questions

Whether you’ve received a misdiagnosis, delay in treatment, or experienced adverse drug reactions, you have the right to file a claim for medical malpractice. Medical malpractice suits can be tricky to navigate, see the answers to frequently asked questions below. What Is Medical Malpractice? Patients have the right to expect a consistent standard level of care to be administered by health care providers. When a medical professional fails to provide appropriate care resulting in harm, injury, or death to a patient, the patient or loved one can claim malpractice in a court of law. Medical providers are legally required to administer a level of care consistent with standard practices. When a doctor deviates from care considered standard by other professionals under similar circumstances, they may be held liable. In addition to a violation of standard care, a malpractice claim must also meet the following factors in order to be pursued

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When An Injury Occurs At A Short-term Rental Property

When an injury occurs at a short-term rental property (e.g. Airbnb), can the injured party recover damages from the property owner, the rental app/service, or both? Who’s to Blame When an Airbnb Goes Awry? Premises Liability and Short-Term Rentals While you may be able to take a vacation, gravity never does. If you slip and fall on the freshly mopped floor of a hotel lobby, it is pretty clear that the hotel proprietor is responsible for the condition of the floor. But what if you fall down the narrow, railing-less stairs of a short-term rental you found on a platform like VRBO or Airbnb? Can you sue the platform that helped you rent the property? The short answer is: No, you cannot sue Airbnb for your injury. But, you still have options to recover damages when you are injured at an Airbnb property. In this article we will provide a

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How long do I have to file a medical malpractice lawsuit in Rhode Island?

When a patient is harmed by a medical professional due to negligence, the patient can file a medical malpractice suit. These personal injury cases are very complex, and plaintiffs are required to comply with procedural rules unique to this type of lawsuit. Rhode Island follows a specific statute of limitations for medical malpractice lawsuits, a law that sets a time limit on when you may file a suit. However, there are rules surrounding when the time period begins. Under the Rhode Island statute of limitations law, an injured patient has three years to get the lawsuit process started. The three-year period generally begins when an injury occurs, but this isn’t always the case. Courts can apply the “discovery rule” in medical malpractice cases to protect injured patients who may not know about an injury immediately. This means the three-year period doesn’t begin until the injured patient learns or reasonably discovers

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Dog Bite Injuries and The Law

Dog Bites: An Injury Worthy of Legal Representation About five million Americans suffer dog bite injuries every year. Dogs of any breed and size, whether unfamiliar animals or family pets, can bite and cause injuries. Dog bite injuries can cause life-long and life-altering injuries as well as psychological trauma. Victims of dog bites have a path to seek compensation through the legal system. A Potentially Life-Altering Injury Most dog bite victims are children. Not only are children less likely to be cautious around a dog and ignore the dog’s cues, but children are smaller and more easily injured overall. Children’s continued growth and development can also require years of repeated surgery, physical therapy, and/or other treatments. Adults also can suffer major injuries because of dog bites. The average insurance claim for a dog bite in 2014 was over $32,000. In addition to medical costs, in the case of a serious

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Pedestrian Injured By Car Accident – What You Need To Know

Any person on foot is considered a pedestrian. Most pedestrian accidents involving an automobile occur at intersections, crosswalks, and parking lots. If you or a loved one is hit by a vehicle while walking, running, jogging, or even sitting on a bench, you have legal options. Immediate Steps The actions taken immediately following a pedestrian and car accident are vital in protecting your wellbeing and legal rights. Start by calling 911 if anyone involved requires immediate medical attention but also to get the police on scene for a police report and perhaps investigation. Next, you’ll want to obtain contact and insurer information with the driver and/or vehicle owner. Avoid discussing who caused the accident, legal options, or your own fault. If additional witnesses are present, request their contact information as well. Following an accident, you’ll want to contact local law enforcement to document the incident if the police were not

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Workplace Injuries: Is a Lawsuit an Option?

Workplace injuries happen—even in workplaces that might be considered relatively safe, or in a workplace where safety really does come first. But what if your injuries and loss of income far exceed the resources provided by workers’ compensation? What if your employer tries to argue that you were not really an employee, or otherwise fails to provide workers’ comp benefits? Can you file suit? Workers’ Compensation: What It Is and How It Works Most private employers are required to carry workers’ compensation insurance for each and every employee. Coverage for an individual worker begins on his or her first day of employment, whether full-time or part-time. If a worker is injured in the course of their everyday job, he or she may be eligible for a variety of benefits. These may include: Disfigurement or loss of function: when a serious cosmetic or functional issue arises from an injury, compensation may

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What You Need to Know About Filing a Wrongful Death Suit in Rhode Island

When processing the death of a loved one caused by someone else’s bad choices, you need skilled legal representation to advocate for your—and your late loved one’s—interests in the judicial system. Below, we lay out the basics of filing a wrongful death suit in Rhode Island. The Basics of a Wrongful Death Suit In general, whenever a living person could file a personal injury suit on behalf of himself or herself, the estate of a deceased person may file a wrongful death claim. As specified in Rhode Island General Laws section 10-7 et al, the Commonwealth defines a “wrongful death” as a death caused by: Neglect A wrongful act A default of another There are a number of circumstances which could result in a death and a subsequent wrongful death suit. These may include medical malpractice, incidents of negligence (commonly car accidents), or even an intentional act (including crime). The

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I suffered an injury on a wet floor at the gym. The manager says I can’t sue because I signed a “general release” when I joined. Is this true?

While it’s standard procedure for a health club or gym to require members to sign a liability waiver, members still have rights. The purpose of a general release of liability waiver is to protect the gym from injuries caused by members. It’s common to sustain an injury while exercising. For example, pulling a muscle by lifting too much weight, misusing an exercise machine, or overexerting are typical injuries covered members are prohibited from bringing about legal action. However, when an injury is sustained due to the gym’s negligence, a release is not enough to excuse the gym from liability. Similar to other slip and fall accidents, gym owners are bound by a general duty of care. This means gym members must be adequately warned of wet floors, slick surfaces, and faulty equipment. Areas such as freshly mopped floors or shower rooms that are frequently wet should display warning signs to

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How Does Legal Marijuana Impact Personal Injury Cases?

While marijuana use is legal in many places for people over the age of 21 and is decriminalized, it does not change whether or not a person under the influence can be considered at fault in a personal injury case. Marijuana use, legal or not, is treated similarly to alcohol and other substances when it comes to things like driving, operating heavy machinery, and personal injury cases. Like alcohol, cannabis impairs a person’s reaction times. Most states have passed a range of laws governing the legal use of cannabis to keep people safe. Just like it is illegal to drive under the influence of alcohol or with an open container, the same goes for marijuana. If you are injured by a person found to be under the influence of marijuana, they cannot use its legality as a defense in a personal injury case. People who use marijuana have a duty

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Injured While Ridesharing: Can Passengers Sue the Company as Well as the Driver?

Ridesharing has been hailed as one of the great conveniences of modern life: easier than designating a driver, cheaper than a cab, and faster than waiting for the bus. When it comes to injuries incurred because of a rideshare driver’s recklessness or negligence, however, it is less clear how victims can receive compensation. The average driver, even working fulltime, is almost certainly lacking insurance, assets, and earnings substantial enough to cover millions of dollars in medical treatment expenses and lost wages. As of 2021, however, the rideshare industry was valuated at $61 billion. For such a massive, profitable industry, the next logical step for an attorney to get compensation for an injured client would seem to be suing the rideshare app through which the ill-fated ride was scheduled. Things are not so straightforward, however. Pending Litigation on the Issue As of January 2022, in nearby Massachusetts man is suing Uber

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