What will happen if no longer legal to take action against your doctor or hospital? Some believe it could be a good idea. If your doctor was distracted and allowed your baby to remain within the birth canal too long, your child’s lifetime battle with brain damage could merely be a sad, unfortunate event instead of an actual legal action.
Contrary to what some believe that, medical malpractice lawsuits have an important role in improving healthcare. Medical negligence claims are one of the few avenues to keep medical professionals and medical facilities responsible for their careless or negligent patient care. As an example, lawsuits against medically acquired infections (HAIs) caused drastic changes to equipment, disinfectants as well as procedures to lower or completely eliminate the risk of infections.
If you or a loved one are harmed by the negligence of a medical professional, you should consult to an Seattle medical malpractice lawyer at Menzer Law Firm. You are entitled to find out more the details of Washington medical malpractice law and how it can be applied to your specific situation. It is important to know if you have a valid legal claim and, If so, what you can do to take action to get adequate settlement.
What exactly is medical Malpractice?
medical malpractice is also known as medical negligence, is an inability of a healthcare professional to follow the proper standard of care or get their patient’s written consent. Complications and side effects aren’t necessarily a sign of negligence. The risk of poor outcomes is high even in the event that your doctor does everything correctly.
Affirming the standards of care means that doctors are required to exercise the amount of care, competence, and education necessary of a reasonably shrewd healthcare professional at the moment within the professional or group to which they belong to in Washington State. State of Washington and in the same or similar circumstances. For example your cardiologist ought to behave like a cardiologist who is reasonably prudent in Washington should under similar kind of situation.
All medical professionals, except in emergency situations, need to get your informed consent. You must be informed of all material details pertaining to your medical care prior to the time you are able to consent in a meaningful way to treatment. It’s indecent for a doctor not to inform you about the risks and the facts associated with care and obtain your informed consent.
Common types of medical malpractice
Medical Malpractice Attorneys Seattle WA have handled negligence claims throughout the Seattle region and across Washington state for decades. We have worked closely with victims of medical malpractice and their families who were injured as a result of the most commonly-cited types of negligence. This includes:
- Failure to Diagnose The doctor might be unable to accurately diagnose an injury or condition despite having ability to do so. Your doctor might not order the appropriate tests, might interpret the results incorrectly or overlook some of your symptoms. An inability to diagnose or incorrect diagnosis can cause you to endure harmful, unnecessary treatments , causing your health condition to worsen.
- Errors in Medicine: A doctor or pharmacist may make a dangerous mistake. Your doctor could prescribe a prescription drug that is unsuitable for your needs or may be incompatible with other medications you are taking. A nurse could prescribe an incorrect drug or proper medication but in the wrong dosage or form. Techs or pharmacists could incorrectly fill prescriptions. Errors in prescriptions can be detrimental and even life-threatening.
- Patient Falls: When you are admitted to a hospital or healthcare facility, it is important that you must receive the proper, round-the-clock care. You should not be left to get up and move around by yourself. The possibility of falling while you are ill, or recuperating from surgery too excessive. In the absence of adequate help and appropriate security measures, you may fall and suffer a traumatic skull injury or fracture.
- Surgical Errors: When you decide to undergo surgery, regardless of whether it’s a mandatory or elective procedure, you’ll expect the medical staff to provide all care to ensure that you are in the best shape of your life. However, a physician, nurse, anesthesiologist or any other member in the surgery team might have a lapse of judgment and commit a mistake. It is possible to undergo the wrong procedure or get the surgery performed on the wrong area of your body. You could receive too much or too little anesthesia. The risk is that you could be exposed harmful bacteria or viruses that cause an HAI.
- Birth injury: Mothers and infants should be closely watched so that births and pregnancy progress safely. If nurses or doctors fail to observe pregnant women and fetuses or overlook signs of distress they may cause mother and baby to suffer harm. Poor care can result in miscarriage, early birth, or unneeded C-Sections. The baby to break bones and nerve injury, brain damage, or cerebral palsy.
Do you have A Seattle Medical Malpractice Claim?
When you are the victim of medical negligence it could mean you face grave consequences for the remainder of your life. The court system cannot be a way to relieve all of your pain and suffering, disfigurement or impairment due to the negligence of the hospital , or medical professional. The legal system, however, does provide financial remedies for the physical, psychological and financial damages that are associated from malpractice.
Talk to an Seattle Medical malpractice attorney about whether you have a legitimate and solid legal claim against a medical professional. In order to bring a successful malpractice claim, you have to show that the medical practitioner breached the applicable standards of care; that you were afflicted with severe injuries, and that these breaches of the standard of care were the principal basis for your severe injuries.
Fight for compensation
If you suffer an injury due to negligent or medical care The law could entitle you to compensation for:
- Past And Future Medical Bills
- Future and Past Lost Wages
- Physical limitations or disabilities
- Pain and Suffering
- Emotional Stress
Insurance companies that represent hospitals and doctors typically are not inclined to offer reasonable compensation for your injuries. Their lawyers argue that there isn’t any liability at all and leave you to deal with injuries, pain, and financial burdens on your shoulders. But our malpractice lawyers might defend your rights.
It is the statute of limitations for Washington medical malpractice.
There is a limit in the amount of time you’re allowed to bring a medical negligence lawsuit. There is a statute of limitations in Washington. Washington statute of limitations in the case of medical negligence is usually three years from the date of the negligence alleged or one year from the date you realized or could reasonably have discovered the medical provider’s negligence. There is a second time frame in Washington law called“statute of restraint “statute of repose” which says that any claim, even when there’s a reasonable late detection of the negligence, must be brought within 8 years of the alleged negligence.
How do I know when my doctor is guilty of malpractice?
One of the most difficult aspects that medical errors can cause is working out if the doctor you have consulted did something wrong that constitutes negligence. Not all doctor errors are classified as malpractice. Doctors make judgement decisions based on the facts available. Sometimes it’s not the right diagnosis, or the treatment isn’t working. It doesn’t mean it’s negligence so it’s crucial to seek help from a malpractice lawyer so that they are able to look over the relevant medical records . They will often retain a medical expert to identify if there was an error.
What can I do to find out if someone was suing my doctor for medical malpractice before?
You can check your doctor’s past in a few ways. Find any disciplinary actions that have been taken by an organization like the Washington Medical Commission. Then, you can look through for any disciplinary actions with the National Practitioner Data Bank (NPDB) for a list of the verdicts and settlements for medical malpractice on behalf of practitioners in the U.S. Another option, though it’s not exhaustive you can search for state court records.
Where should I file a medical negligence lawsuit?
You are only able to file a lawsuit where an appropriate court has jurisdiction over parties involved and the matter. The suit can be filed in the state where the malpractice took place. For example, if the accident occurred in a Seattle hospital, you are able to claim a case even if live beyond Washington.
Can my medical malpractice case go to trial?
Perhaps, but the majority of medical malpractice cases are settled. In Washington where the law is in force, it requires that you attend mediation before trial. So, even after your lawyer files the medical malpractice suit in court, you’ll have the opportunity to settle the matter out of the court. Menzer Law Firm’s malpractice personal injury lawyer Seattle WA always prepare his cases for trial, increasing chances of settlement.
What happens if i learn about the malpractice prior to the statute of limitations expired?
In Washington the law generally allows three years from when the medical error occurred to start a lawsuit. However, in certain cases, you won’t realize you were the victim of negligence until later. That’s why Washington utilizes the “discovery principle.” When you realize or ought to have discovered that your injury was due to negligence, you have one year to file a lawsuit. The discovery rule is not without limitations however. In Washington you are allowed an eight-year period from the time you discovered malpractice to file your claim.