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How to File a Malpractice Lawsuit in Rhode Island

Medical malpractice lawsuits are among the most complex cases that are handled by the lawyers of Gemma Law Associates, Inc. In Providence and elsewhere in Rhode Island, these cases can take a great deal of time to prepare and prosecute.

To help you understand the process that goes into filing a medical malpractice claim, we present the following:

Conducting the Initial Legal Consultation

At Gemma Law Associates Inc., we do not charge for an initial consultation. We use the consultation to get to know more about you and your case. We hope you can use the consultation to learn more about us and our approach to helping clients. Ultimately, we will review your options, discuss our approach to meeting your goals and move ahead with our representation of you.

Gathering Medical Records

Your attorney will instruct you about how to make a formal, written request for medical records pertaining to your case. You may need to make multiple requests to ensure you obtain records of every medical consultation, test, and procedure you received.

Determining Whether to Go Forward with a Lawsuit

Once we have our medical experts’ opinions about your case, it will be time to have a serious discussion with you. Unfortunately, not all cases of medical error or negligence become medical malpractice lawsuits. There must be ample evidence to prove the case in court. There must be a demonstrable reason that you, as the injured patient or the survivors of a deceased patient, deserve compensation. We must determine with you that you are ready to pursue a legal claim that could take many years to resolve.

Drafting and Filing a Lawsuit

If we believe your case has merit and are prepared to proceed, Gemma Law Associates Inc. will draft and file a lawsuit on your behalf, or complaint, will lay out the details of your case and request appropriate compensation for your medical bills, lost wages, pain, and suffering and other losses.

Litigating the Claim

After a lawsuit is filed, we will engage in a process that’s called “discovery.” We will seek certain documents from the parties we believe are at fault. We may also seek written (affidavits) or oral (depositions) sword statements. We may need to file motions to obtain this information or to deal with other aspects of your case. Keep in mind: The other side will be engaged in discovery and motions as well. In some cases, the other side in a medical malpractice lawsuit may request that you undergo a medical examination.

Negotiating a Settlement

Settling a medical malpractice lawsuit can allow you to obtain the compensation you deserve more quickly and get on with your life. As your medical malpractice attorneys, Gemma Law Associates Inc., will negotiate with the defendants’ attorneys and report you. A settlement may be made at any time prior to the announcement of a jury’s decision in the case. Whether to accept a settlement offer is your decision.

Getting your Day in Court

If a settlement is not reached before trial your lawsuit will go to court. A medical malpractice trial includes a completed airing of evidence in the case, with testimony from the plaintiff and the defendant. This will include testimony by expert witness prepared to explain the medical aspects of the case from both sides’ point of view. Your and your witness will be prepared for trial. Once each side has presented evidence and arguments, the jury renders a decision.

Receiving the Verdict

The jury’s decision will be announced in court. If the jury in your favor, a monetary award will be announced. Unless one side appeals to a higher court, this ends the case. The defendant (or defendants) will transmit payment of the award through your attorneys.

Distribution of the Judgement or Settlement

There will be expenses that must be deducted from a settlement or a jury’s award. This includes contingency legal fees (an agreed-to percentage of the settlement or jury award) and any healthcare-related expenses or other liens that may have been imposed while your case was pending. The remaining balance will go to you.

Contact an Experienced Providence, RI Medical Malpractice Lawyer

If you have been seriously injured by a medical mistake or have lost a loved one to medical negligence in Rhode Island, you owe it to yourself to have your case reviewed by an attorney experienced with medical malpractice cases.

The attorneys of Gemma Law Associates, Inc., have won multimillion-dollar settlements on behalf of injured clients in Providence and throughout Rhode Island. We are ready to go to work for you.

Rhode Island places strict time limits on filing medical malpractice claims, so it’s important to act immediately. For a free legal consultation, contact us today.


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