What is the impact if it were no longer legal to bring a lawsuit against your doctor or hospital? Some believe it is a great idea. If your doctor got distracted and kept your baby trapped within the birth canal too time, your child’s struggle with brain injuries will simply be an regrettable event instead of an actionable legal matter.
Contrary to what many people believe that medical malpractice lawsuits play an important part in improving healthcare. Medical negligence claims are one of the few ways to make medical professionals and institutions responsible for their careless or negligent treatment of patients. As an example, lawsuits against medically acquired infections (HAIs) have led to dramatic adjustments to disinfectants, equipment and protocols to decrease or eliminate the incidence of infections.
When you or a family member is hurt due to an error of a medical professional, you should consult with a Seattle medical malpractice attorney at Menzer Law Firm. You should be aware the details of Washington laws governing medical negligence and how it can be applied to your specific situation. It is important to know if you are entitled to a legal claim, and if so, how to pursue that claim to obtain the right amount of the compensation you deserve.
What is Medical Malpractice?
It is known as medical negligence is an inability of a healthcare professional to follow the proper standard of care or to obtain the patient’s informed consent. Complications and side effects are not necessarily the result of medical negligence. The risk of poor outcomes is high even when your doctor has done everything correctly.
Maintaining the highest standard of healthcare is that medical professionals must exercise the amount of care, competence, and education necessary of a reasonably shrewd healthcare provider at the time and in the particular profession or class to which they belong to, within Washington. State of Washington, acting in similar or similar situations. For instance, your cardiologist should act as a reasonably prudent cardiologist in Washington should under similar sorts of conditions.
All medical professionals, excluding emergencies, require to have your consent in writing. You should be aware of all material information about your medical care before you’re able to effectively give consent to treatment. It’s indecent for a physician to not inform you about the risks and the facts that are associated with treatment and to obtain your informed consent.
Common Malpractices in Medicine
Medical Malpractice Attorneys Seattle WA have handled negligence claims in the Seattle region as well as across Washington state for a long time. We have been working closely with medical malpractice victims and their families injured as a result of the most prevalent kinds of negligence. Examples include:
- Incorrect diagnosis or failure to diagnose: A physician might fail to correctly diagnose an injury or illness, even though they have the capability to diagnose it. Your doctor might not order the appropriate tests, might not interpret the results correctly, or might ignore certain symptoms. The failure to diagnose or misdiagnosis can lead the patient to receive harmful and unnecessary treatments that could cause the condition to deteriorate.
- Medication errors: A doctor, pharmacist, or nurse may make a hazardous medication error. The doctor may prescribe a drug not appropriate for your situation or it could react with other medicines you are taking. Nurses may prescribe an incorrect drug or proper medication in the wrong dosage or in the wrong form. A tech or pharmacist could mistakenly fill in prescriptions. The consequences of a mistake in the filling process can be devastating and can even be dangerous.
- Patient Falls: When you are admitted at a hospital or medical facility, you need to receive proper 24-hour care. You shouldn’t be left to walk and get around on your own. The chance of falling while you’re sick in recovery from surgery or illness is just too dangerous. In the absence of adequate help and appropriate security measures, you may be injured in a fall, causing a skull injury or fracture.
- Corrections for Surgical Errors decide to undergo surgery, regardless of whether it’s a necessity or elective procedure, you expect the medical staff to provide extreme care of your life. However, a doctor nurse, anesthesiologist, or any other member on the team that performs surgery could take careless actions and make errors. There is a chance that you will undergo the incorrect procedure or have the surgery done on the wrong region of the body. You may get too much or little anesthesia. You may be exposed harmful bacteria or viruses which cause an HAI.
- Birth Injury: Pregnant women and infants should be closely watched to ensure pregnancies and births proceed safely. If doctors or nurses fail to monitor pregnant women and their fetuses, or do not recognize signs of distress, it can cause the mothers and babies harm. Carelessness can lead to premature birth, miscarriage, or unneeded C-Sections. This can also cause the child to sustain broken bones and nerve injury, brain damage, or cerebral palsy.
Do You Have Do You Have a Seattle Medical Malpractice Claim?
If you’re the victim of medical negligence there is a chance that you could be facing grave consequences for the remaining years of your life. Legal action will not be able to remove you from all the pain or suffering disfigurement or loss of performance due to the negligence of the hospital , or medical professional. The legal system can provide financial remedies for the physical, psychological as well as financial losses that can be attributed with negligence.
Talk to a Seattle Medical malpractice attorney about whether you have a valid and solid legal case against a medical practitioner. In order to bring a successful malpractice claim, you must be able to prove that the medical provider was in breach of the applicable standards for care; that you suffered grave injuries, and these breaches of the standard of care were the primary source of your injuries.
Fight for Compensation
If you sustain a serious injury because of recklessness or negligence on the part of a doctor it could be a legal right for you to compensation for your:
- Past As well as Future Medical Bills
- Past and Future Lost Wages
- Physical limitations or disabilities
- Pain and Suffering
- Emotional Distress
Insurance companies representing hospitals and doctors typically are reluctant to pay you reasonable compensation for your injuries. Their lawyers argue that there isn’t any liability at all which leaves you with injuries, pain, and financial burdens on your shoulders. But our malpractice lawyers may take on your behalf to protect your rights.
A Washington Statute of Limitation on Medical Malpractice
There is a limit on how long you have for filing a legal negligence lawsuit. This is known as the Washington time limit for medical negligence is generally at least three years following the date of the alleged negligence , or one year from when you discovered or reasonably could have discovered the medical practitioner’s negligence. There is a second period of time under Washington law, called the “statute of repose” which says that all claims, regardless of in the event of a late discovery of the carelessness, need to be brought within 8 years of the alleged negligence.
What can I do to determine what if my doctor was negligent?
One of the toughest aspects in medical negligence is working out if your doctor committed any wrongs that amount to negligence. There are a variety of doctor mistakes that can be legally deemed to be malpractice. Doctors make choices based upon the information on hand. Sometimes it isn’t the right diagnosis, or the treatment doesn’t work. However, that doesn’t necessarily mean that there’s a breach of the law however, and it’s crucial to seek help from a lawyer who is experienced in malpractice cases so they can review relevant medical records . They will often employ a medical expert to determine if there was the possibility of malpractice.
What can I do to find out if someone had sued my doctor for medical malpractice previously?
You can look into your doctor’s background in a few ways. Look for any disciplinary actions with authorities like the Washington Medical Commission. Then, you can look through on the National Practitioner Data Bank (NPDB) where you can find the verdicts and settlements for medical malpractice for practitioners in the U.S. Another alternative, though not comprehensive is to look through the court records of state courts.
Where should I file a malpractice lawsuit?
It is only possible to bring a lawsuit if an appropriate court has jurisdiction over people involved and the matter. You are able to file the suit in that state where the error took place. For example, if negligence occurred at a Seattle hospital, you may bring a lawsuit here even if live in a different state than Washington.
Can my medical malpractice case be heard in court?
Maybe, but most medical malpractice cases settle. In Washington the law requires that you participate in mediation before trial. In other words, even after your lawyer files the medical malpractice suit, you’ll have an opportunity to settle the case without going to the court. Menzer Law Firm’s malpractice personal injury lawyer Seattle WA always prepare his cases for trial, which improves the chance of settlement.
What happens if I find out about the malpractice prior to the statute of limitations expired?
In Washington the law generally allows three years from the date that the medical negligence occurred to file a lawsuit. However, in some instances, you won’t realize you have been the subject of an accident until a long time later. That’s the reason Washington uses the “discovery principle.” Once you have discovered or could have discovered that your injuries resulted from negligence You have a year to file an action. The rule of discovery has limitations however. In Washington the law, you have a total of eight years from the date of the malpractice to file your lawsuit.