Vincent D. Morgera
Vincent D. Morgera

Top-Rated Lawyer In Rhode Island


Vincent D. Morgera

Proving Fault in a Rhode Island Medical Malpractice Case

While doctors are not miracle workers, they are expected to operate with a level of professionalism and expertise that provides for a basic standard of care. When their actions cause harm or injury to a patient, they can seek recourse through a medical malpractice case. Basically, the person filing the lawsuit must prove negligence against the physician to get recompense for the injuries they suffered from their care.

Proving Negligence

To establish that medical negligence occurred, it must be shown that the physician acted outside the boundaries of accepted practices. This can be proven in different ways.

  • Injury to the patient due directly to treatments provided by the physician
  • Deviation from standard healthcare practices
  • The failure of the physician to performed a duty that is owed to the patient
  • The physician is required to perform at a level that provides proper care for their patients. This means being competent in their profession, applying all approved procedures, and informing the patient of potential side effects from the treatments being prescribed. The failure to do any of these acts which results in causing harm to the patient is grounds for establishing negligence.

    However, it should be noted to all patients who may have been harmed by treatments prescribed by their physician that negligence may not apply. If the physician followed the standards of practice, used the approved methods, and informed you of potential harmful side effects, then negligence should not apply. This is because there are always inherent risks to most treatments which is expected in the profession. So, going a step further is needed to establish that negligence has occurred.

    Establishing Negligence

    Your attorney will take all the information about your case and use it to establish negligence as the basis of the lawsuit. This means the full documentation of the treatments prescribed, the results that occurred, and taking to task the actions of the physician if they acted outside the boundaries of accepted practices. This will usually means presenting expert testimony from other physicians that demonstrates how the standards of care were not followed in your case.

    For example, a drug used for the treatment of a condition which causes side effects that causes injuries is in and of itself not grounds for a medical malpractice lawsuit if the proper standards of care were followed. However, if the physician did not warn you about the potential side effects, administered the medication outside the recommended dosages, or did not follow the proper instructions those are the grounds for negligence.

    Once the grounds for negligence has been shown by the plaintiff, the burden shifts to the defendant of the case to demonstrate why their actions were justified.

    If you have suffered an injury or harm from treatments prescribed by your physician, the first step should be to find an attorney skilled in medical malpractice cases. They will listen to your case, inform you of the services they can provide, and act as a negotiator to settle the case before it goes to court. They will stand by your side, protecting your rights in court in case you need to file a medical malpractice suit.

    Vincent Morgera is the leading Rhode Island Medical Malpractice Lawyer. If you have questions about your Rhode Island healthcare lawsuit, contact our firm today at 401-456-0300.

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