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Best Medical Malpractice Lawyers in Providence

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David J. Oliveira, Esq. logo
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David J. Oliveira, Esq.

199 North Main Street, Providence, RI 02903
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  • Medical Malpractice

Business Description

David J. Oliveira, Esq., focuses on representing the injured in medical malpractice and personal injury cases in Providence. Oliveira deals with diagnostic and surgical errors, hospital or nursing home neglect, pregnancy and birth complications, and brain or neurological injuries. In addition, he helps clients recover damages due to failure to diagnose or treat or premature hospital and ER discharge. The lawyer is a member of the Rhode Island Bar Association, Massachusetts Bar Association, and American Society of Law, Medicine and Ethics.

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We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (2)
Decof Barry Mega & Quinn logo
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Decof Barry Mega & Quinn

1 Smith Street, Providence, RI 02903
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Business Description

Mark B. Decof of Decof Barry Mega & Quinn is a medical malpractice attorney in Providence who advocates for victims of medical negligence. The practice has a proven track record of successful medical malpractice verdicts and settlements, and it represents clients in alternative dispute resolutions and jury trials. Specific practice areas include pregnancy and birth injuries, stroke misdiagnosis, medication errors, failure to diagnose cancer and other serious conditions, and nursing home negligence and abuse.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Google
5.0 / 5 (8)
Facebook
4.0 / 5 (2)
Avvo
5.0 / 5 (1)
Domenic J. Carcieri, Attorney At Law logo
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Domenic J. Carcieri, Attorney At Law

454 Broadway, Providence, RI 02909
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  • Medical Malpractice
  • Personal Injury

Business Description

Domenic J. Carcieri, Attorney at Law provides legal counsel and representation from his office in Providence. He handles personal injury claims that involve medical malpractice, wrongful death, tractor trailor accidents, slip and fall incidents, and animal bites. The attorney also represents the rights of clients who obtained work-related injuries. He offers assistance throughout the legal process, from filing a petition to pursuing financial compensation on clients' behalf. Carcieri has been advocating for accident and injury victims since 1988.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.6
Google
4.6 / 5 (7)
Facebook
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Foley Cerilli Counselors at Law logo
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Foley Cerilli Counselors at Law

56 Pine St Suite 200, Providence, RI 02903
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  • Medical Malpractice
  • Personal Injury
  • Nursing Home Neglect

Business Description

Foley Cerilli Counselors at Law offers legal services to injured individuals in the Providence metro. It deals with a range of personal injury matters, including medical malpractice cases. The firm helps clients file lawsuits against negligent medical providers to secure compensation for lost wages and medical expenses. It also handles cases that involve automobile accidents, nursing home negligence, and workplace injuries. Owners John Foley and Peter Cerilli have over 50 years of combined industry experience. They are members of the Rhode Island Association for Justice.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Avvo
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Gemma Law Associates, Inc. logo
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Gemma Law Associates, Inc.

231 Reservoir Ave, Providence, RI 02907
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  • Medical Malpractice
  • Personal Injury
  • Birth Injuries
  • Nursing Home Neglect

Business Description

Gemma Law Associates, Inc., is a Providence-based accident and injury firm. Its attorneys litigate medical malpractice claims and pursue settlements on behalf of victims. They handle cases that involve surgical errors, birth injuries, incorrect anesthesia medications, and inappropriate dosage. The legal team also represents clients in wrongful death cases that resulted from medical errors and hospital negligence. Gemma Law Associates has been providing legal assistance for nearly five decades. Its attorneys give back to organizations dedicated to protect seniors, children, and animals.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Google
4.9 / 5 (221)
Facebook
4.1 / 5 (13)
Yelp
4.0 / 5 (12)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Jones Kelleher LLP Attorneys at Law logo
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Jones Kelleher LLP Attorneys at Law

One Center Place, Providence, RI 02903
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  • Medical Malpractice
  • Personal Injury
  • Birth Injuries
  • Misdiagnosis of Illness

Business Description

Jones Kelleher LLP Attorneys at Law handles medical malpractice cases throughout Providence. It represents customers who have been injured due to medication errors, surgical errors, misdiagnosis, failure to properly administer anesthesia, and hospital negligence. Its professionals use a team-oriented approach in investigating clients' situations and work alongside medical experts to establish a strong case for them. They also use computer-generated animations and movies and videos to present evidence to the judge or jury. Other practice areas include auto accidents, premises liability, and wrongful death.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Facebook
5.0 / 5 (5)
Yelp
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Kiernan, Plunkett & Redihan logo
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Kiernan, Plunkett & Redihan

146 Westminster St Fl 5, Providence, RI 02903
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Business Description

Kiernan, Plunkett & Redihan LLP has been providing legal services to clients in the Providence area since 1984. The firm practices in several legal areas, including medical malpractice. It advocates on behalf of those who've been injured as a result of a health care professional or facility's negligence or error. The firm's attorneys are experienced in handling cases stemming from surgical errors, medication errors, failure to diagnose, or birth injuries.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.4
Google
4.4 / 5 (14)
Facebook
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Kirshenbaum & Kirshenbaum logo
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Kirshenbaum & Kirshenbaum

888 Reservoir Ave, Cranston, RI 02910
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Business Description

Founded in 1933, Kirshenbaum & Kirshenbaum Attorneys at Law Inc. offers a wide range of legal services to clients in Providence. The firm's personal injury team helps those who've been injured as a result of a health care professional's negligence. Its medical malpractice attorneys are experienced in taking on cases involving birth injuries, plastic surgery errors, failure to diagnose, and pharmaceuticals. Other areas of practice include bankruptcy and family law.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Facebook
4.5 / 5 (2)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Law Office of Stephen G. Linder logo
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Law Office of Stephen G. Linder

197 Taunton Ave Ste 200, East Providence, RI 02914
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  • Wrongful Death
  • Birth Injuries
  • Nursing Home Neglect
  • Misdiagnosis of Illness
  • Surgical Mistakes

Business Description

The Law Office of Stephen G. Linder represents medical malpractice victims in Providence. Linder sees the potential for good in every situation and gives clients something to look forward to by fighting for them in personal injury and family law matters. He assists victims in seeking justice and obtaining financial compensation for injuries caused by surgical and emergency room errors, incorrect prescriptions, improper monitoring, and failure to diagnose. In 1984, Governor Garrahy appointed Linder to the Medical Malpractice Legislative Commission.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (4)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
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Detail
––
Mandell, Boisclair & Mandell, Ltd logo
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Mandell, Boisclair & Mandell, Ltd

1 Park Row, Providence, RI 02903
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Business Description

Mandell, Boisclair & Mandell Ltd. is a personal injury law firm that serves clients in Providence and throughout its surrounding areas. The firm handles all types of personal injury lawsuits, including medical malpractice cases such as cancer misdiagnosis, surgical errors, and obstetrical negligence. Other areas of practice include liquor liability and motor vehicle accidents. Mandell, Boisclair & Mandell Ltd. is affiliated with several professional organizations, including the American Association for Justice and the American Board of Professional Liability Attorneys.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (18)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
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Melick & Porter logo
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Melick & Porter

1 Richmond Square, Providence, RI 02906
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  • Medical Malpractice
  • Birth Injuries
  • Misdiagnosis of Illness
  • Surgical Mistakes

Business Description

Melick & Porter has been providing legal assistance to individuals in the Providence metro and nearby areas since 1983. It caters to injured clients dealing with medical malpractice cases. The law firm helps victims file lawsuits against negligent physicians, veterinarians, and nurses for misdiagnosis, birth injuries, and surgical and medication errors. One of its attorneys, Michael Mazurczak, joined the team in 1989. He is a member of the Professional Liability Underwriting Society and International Association of Defense Counsel.

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
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––
Murphy & Fay, LLP logo
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Murphy & Fay, LLP

127 Dorrance Street 2nd Floor, Providence, RI 02903
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  • Wrongful Death

Business Description

Murphy & Fay, LLP, counsels and represents clients in the Providence metro and nearby areas. It caters to individuals who are dealing with different types of medical malpractice cases, including hospital mistakes, misdiagnoses, and surgical errors. It helps by gathering and organizing the client's medical records, discussing a potential lawsuit, and finding a medical expert to determine if there is a breach in the standard of care. Murphy & Fay's attorneys bring over 75 years of combined experience in the legal field.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.9
Google
4.9 / 5 (8)
Avvo
5.0 / 5 (2)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
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Resmini Law, LLC logo
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Resmini Law, LLC

1022 Reservoir Ave, Cranston, RI 02910
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  • Misdiagnosis of Illness
  • Birth Injuries

Business Description

Resmini Law, LLC, handles personal injury litigation for clients in the Providence metro. Wayne Resmini, the founding lawyer, fights for the rights of the injured due to negligence in the medical field. He represents individuals in medical malpractice cases, including surgical errors, hospital negligence, and misdiagnosis, in courtrooms and settlement negotiations. Resmini gives back to the community by contributing to the Gloria Gemma Breast Cancer Fund and the Memorial Hospital Fund Raising. He has been of service to the community for over 30 years.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
3.9
Google
3.8 / 5 (18)
Avvo
4.3 / 5 (6)
Yelp
1.0 / 5 (2)

(+1 additional source)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
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Detail
Robert E. Craven & Associates logo
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Robert E. Craven & Associates

7405 Post Rd, North Kingstown, RI 02852
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Business Description

Founded more than 30 years ago, Robert E. Craven & Associates provides legal representation to clients in Providence. The firm’s medical negligence lawyers are focused on practicing personal injury law and take on a wide range of cases, including medical malpractice lawsuits stemming from incidents such as surgical errors or misdiagnosis. It also handles cases such as distracted driving, dog bites, and wrongful death. Robert E. Craven & Associates has been named on the Super Lawyers list.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Facebook
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
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Helpfulness
Detail
Robert Testa Attorney at Law logo
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Robert Testa Attorney at Law

411 Broadway, Providence, RI 02909
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  • Wrongful Death

Business Description

Robert Testa Attorney at Law represents wronged individuals in Providence. It represents clients' interests in different facets of personal injury law. Plaintiffs suffering from injuries caused by medical misconduct are guided by the law office. It assists victims in pursuing compensation for hospital costs and lost wages by filing lawsuits against negligent medical practitioners and institutions. It also handles motor vehicle and slip and fall accidents. In addition, the firm represents defendants facing criminal prosecution.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.1
Google
4.4 / 5 (17)
Yelp
2.5 / 5 (3)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
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Detail
Sheeley Law logo
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Sheeley Law

127 Dorrance Street, Providence, RI 02903
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  • Wrongful Death
  • Medical Malpractice
  • Personal Injury

Business Description

Sheeley Law offers legal services to individuals in the Providence area. It handles medical malpractice cases such as emergency room errors, surgical errors, nursing home negligence and abuse, pregnancy and birth injuries, and wrongful death. The firm helps clients defend their rights and recover compensation for medical expenses, pain and suffering, and loss of future income caused by medical negligence. Ann Sheeley, an attorney at Sheeley Law, has over 25 years of legal experience. She is licensed to practice in both Massachusetts and Rhode Island.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Avvo
5.0 / 5 (19)
Yelp
4.0 / 5 (3)
Facebook
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
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Detail
The Law Office of David Morowitz, Ltd. logo
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The Law Office of David Morowitz, Ltd.

35 Highland Ave, East Providence, RI 02914
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  • Medical Malpractice
  • Personal Injury

Business Description

The Law Office of David Morowitz, Ltd., is a private practice that represents clients in medical malpractice lawsuits. Serving Providence, its lawyer handles malpractice cases in relation to doctor mistakes, birth injuries, delayed or failed diagnosis, emergency room errors, nerve damage or paralysis, and wrongful deaths. The firm also handles nursing home medical violations such as mistakes in administering medications, ignoring medical problems, and abusive or insufficiently trained staff. Attorney David Morowitz is a member of the American Association of Justice Medical Malpractice Forum.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (10)
Facebook
5.0 / 5 (1)
Yelp
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
Friendliness
Helpfulness
Detail
––
The Law Offices of Joseph Lamy Attorney at Law logo
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The Law Offices of Joseph Lamy Attorney at Law

696 Reservoir Ave, Cranston, RI 02910
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  • Birth Injuries
  • Emergency Room Negligence

Business Description

The Law Offices of Joseph Lamy Attorney at Law has been providing legal services to the residents of Providence and the surrounding areas for over a decade. It pursues compensation on behalf of victims of medical malpractice or negligence. It handles different types of medical malpractice claims, including those involving surgical errors, birth injuries, and anesthesia complications. Principal attorney Joseph R. Lamy is a member of the Rhode Island Association for Justice. The firm can also serve clients in Spanish.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.5
Google
4.5 / 5 (36)
Facebook
5.0 / 5 (4)
Yelp
1.0 / 5 (2)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
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Detail
The Law Offices of Michael F. Campopiano Inc. logo
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The Law Offices of Michael F. Campopiano Inc.

127 Dorrance St, Providence, RI 02903
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  • Medical Malpractice
  • Personal Injury
  • Birth Injuries

Business Description

The Law Offices of Michael F. Campopiano Inc. serves clients in the Providence metro. Its medical malpractice lawyers handle cases such as misdiagnosis, negligence, pregnancy harming, and medication mistakes. They offer legal assistance in investigating and preparing the case to obtain the compensation clients deserve. The firm also provides representation in personal injury cases like dog bites, motor, car, or construction accidents, nursing home abuse, Social Security disability, and workers' compensation. Thomson Reuters selected principal attorney Michael Campopiano as part of the 2018 Super Lawyers.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Avvo
5.0 / 5 (29)
Google
5.0 / 5 (2)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
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Detail
Wistow, Sheehan & Loveley, PC logo
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Wistow, Sheehan & Loveley, PC

61 Weybosset St, Providence, RI 02903
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  • Medical Malpractice
  • Personal Injury

Business Description

Wistow, Sheehan & Loveley, PC has been representing injured victims in the Providence area since 1982. The firm provides legal services in the areas of medical malpractice, auto accident injuries, product liability, and adoption malpractice. It also handles cases related to civil rights, intellectual property litigation, and commercial and bad faith litigation. Max Wistow, one of the lawyers at Wistow, Sheehan & Loveley, has been named by the Rhode Island Monthly magazine as being the top medical malpractice lawyer in the state of Rhode Island.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
Friendliness
Helpfulness
Detail
Back to Providers

Frequently Asked Questions

What does a medical malpractice lawyer do?

Medical malpractice lawyers represent patients who have been injured during or as a result of medical treatment, when those injuries are caused by the negligence of health care providers, including physicians, dentists, anesthesiologists, clinics, and hospitals. A medical malpractice attorney will meet with a patient, determine if a malpractice case is warranted, gather information from the patient and from medical experts, depose defendants under oath, and negotiate a settlement on behalf of the patient. If an out-of-court settlement cannot be reached, a medical malpractice attorney will litigate the case in court on behalf of the patient.

Do I have a medical malpractice case?

To have a medical malpractice case, a patient must have been injured when a health care provider, who had a duty of care to the patient, breached the accepted standard of care. An attorney looks for certain signs that medical malpractice has taken place, including:

  • A lack of informed consent, in which a person didn’t agree to a treatment or procedure, or the  provider failed to fully explain the risks before proceeding
  • A highly unusual outcome results from a procedure or treatment, which may indicate that the provider made a mistake
  • A patient is informed by their health care provider or hospital that a mistake was made

What are the chances of winning a medical malpractice lawsuit?

According to the U.S. National Institutes of Health’s 20-year study of medical malpractice case outcomes, winning a suit largely depends on the strength of the evidence. Patients won just 10% to 20% of jury trial cases with weak evidence, compared to 30% of lawsuits with midrange evidence. Patients succeeded in 50% of cases with strong evidence. In addition to evidence, factors such as an attorney’s familiarity with the practice of medicine, and the attorney’s specialized background in medical malpractice law, may contribute to the success of the lawsuit.

Is a misdiagnosis suitable for medical malpractice?

Misdiagnosis can constitute malpractice if it's proven that a doctor has failed to meet the usual standard of care. These types of cases usually involve mishandling of testing or delayed diagnoses. They may also involve a doctor's failure to interpret test results, screen for a specific condition, provide a specialist referral, discuss symptoms a patient is experiencing, or investigate possible causes of reported symptoms.

As a patient, how do I choose a good medical malpractice lawyer?

Start by creating a short list of local medical malpractice lawyers specializing in plaintiff representation, then narrow it down by taking these steps:

  • Look at the lawyer’s website for details about their malpractice experience and knowledge.
  • Check whether an attorney is a member in good standing of local, state, and national trial lawyers' associations and the state bar association.
  • Ask what percentage of each lawyer’s caseload is devoted to medical malpractice, what portion of the cases go to trial versus settling, and how much of the case work is delegated to support staff.
  • Verify that an attorney works on a contingency fee basis and absorbs up-front expenses.

What percentage of a settlement do medical malpractice lawyers get?

Medical malpractice lawyers typically represent clients on a contingency basis, receiving payment only if the plaintiff receives a settlement. The standard fee is 33% of the amount awarded. Attorneys may also pay litigation expenses up front, such as filing fees and other case-related costs, before receiving reimbursement from the settlement. Contingency fee percentages, other litigation costs, and payment structures may be negotiable.

What’s the statute of limitations on medical malpractice?

Statutes of limitations for medical malpractice lawsuits differ in each state. The limitations in three of the most populous states show how these laws can vary:

  • California plaintiffs have one year from discovering an injury or three years maximum from the injury date. Cases of foreign objects left in a person's body during surgery have no three-year deadline.
  • New York claims must be filed within 30 months of an injury-causing event. The time limit for left-behind foreign objects is one year from discovery.
  • Texas plaintiffs have two years to file suit, post injury. There are several exceptions, including continuing treatment situations, discovery after the limit expiration, and a 10-year maximum limit.

How do you file a medical malpractice lawsuit?

Taking these steps may get a medical malpractice issue resolved quickly or help when filing a lawsuit becomes necessary:

  • Contact the doctor or health care provider to discuss the injury and a solution to the situation.
  • File a complaint with the local medical licensing board.
  • Check the state’s statute of limitations for filing a malpractice claim.
  • Consult with an impartial medical expert to get a written opinion on whether accepted standards of care were followed.
  • Arrange a free initial consultation with a local medical malpractice lawyer to determine if filing a lawsuit is worthwhile.
  • Consider settling with the health care provider or their insurance company to avoid a lengthy court case.

How does a medical malpractice lawsuit work?

A consultation with an attorney is the first step in initiating a medical malpractice lawsuit. During the consultation, the patient will explain their case, including their injuries and the impact of those injuries on their life and well-being. The patient will identify the person or organization they believe breached the standard of care, and indicate how they believe that breach led to their injuries. The attorney will determine if the patient has a viable malpractice claim, and if so, will enter into an agreement to represent the patient. Next, the attorney will begin an investigation, reviewing medical records and consulting with medical experts. Following the investigation, the discovery process will allow the plaintiff and defendant to share information with each other about the case under oath. In the vast majority of malpractice cases, the settlement phase follows. During this phase, the doctor or facility will agree to pay the plaintiff a mutually agreed upon amount of money. If a settlement cannot be reached during this phase, the medical malpractice lawsuit will proceed to trial.

As a healthcare provider, how do I avoid medical malpractice?

With the goal of enhancing the quality of care provided, while also limiting the risk of harm to patients, doctors can reduce the likelihood of medical malpractice lawsuits by adopting best practices, such as the following:

  • Establish trusting relationships through open and honest communication, and disclose poor outcomes and errors if they occur.
  • Stay up to date on disease management methods, technological advancements, and current standards of care in their area of specialty.
  • Obtain informed consent by fully explaining the risks and possible outcomes of procedures and treatments.
  • Improve follow-up care after any missed appointments and scheduled tests and procedures to help prevent delayed or overlooked diagnoses.
  • Maintain accurate, detailed records of patient exams, treatments, and counseling provided.

What can a medical malpractice defense attorney do for a doctor who has been sued by a patient?

While it can be upsetting and stressful to be sued by a patient, medical malpractice lawsuits are actually fairly common. In fact, a recent American Medical Association benchmark survey found that more than one third of physicians in the U.S. have been sued for malpractice at some point during their career. In the event of a patient lawsuit, the doctor’s malpractice insurance provider will supply the doctor with a malpractice defense attorney to handle the case. If the doctor is not confident with the insurer-provided attorney—for instance, if they sense that their case is being passed along to less experienced associates, or if they feel like they are being forced into a settlement by their insurer—they can hire, and pay for, private counsel. In these cases, the private malpractice defense attorney can explain legal procedures, weigh in on case strategy and settlement possibilities, and suggest stronger defense action if warranted.

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