Rhode Island Lawyer, David Slepkow

Medical professionals have a duty to perform their job according to accepted standards of care. Harm caused to patients from medical negligence entitle patients to relief. In order to prevail in a medical malpractice lawsuit a patient must prove the existence of the following:

Professional Relationship: medical professional and patient relationship obligating a standard of care.

Negligence: an ordinary professional in these circumstances would have not made this mistake.

Causation and Harm: the medical error caused harm that a proper diagnosis would have prevented.

Robert Wyble of New York recently won a jury award of $4.8 million against care providers for misdiagnosing him in 2005 with Myasthenia Gravis, a neuromuscular autoimmune disease that causes disability and death unless treated with aggressive and invasive procedures.

Wyble endured numerous complications and suffered emotional trauma related to his course of improper treatment until another doctor discovered the misdiagnosis in 2009. It turned out that Wyble actually had Cataplexy, a very treatable condition that an increase in his Ritalin prescription eventually corrected. Despite recovering physically, Wyble continued to languish in depression from the ordeal for three more years, which resulted in a divorce from his wife in 2011.

A Suffolk jury awarded Wyble $373,700 for past medical expenses, $2 million for pain, suffering and loss of enjoyment, and $1.5 million over the next 28 years for future pain, suffering, and loss of enjoyment. His wife was awarded $1 million for loss of service, society, and companionship.