What would happen if no longer legal to bring a lawsuit against your doctor or hospital? Some think that this might be a good idea. If your doctor became distracted and kept your baby trapped on the birth canal, for far too long, your child’s long-term battle with brain injury will just be an unfortunate, unpleasant event rather than an actual legal action.
Despite what some people think, medical malpractice lawsuits play an important role in improving the healthcare industry. Legal claims for medical negligence are one of the few methods to keep medical professionals and medical facilities responsible for their careless or reckless patient care. For instance, lawsuits involving health-related infections acquired through healthcare (HAIs) resulted in drastic changes to the equipment, disinfectants and processes to lessen or eliminate the possibility of infections.
When you or a loved one are harmed by an error of a medical professional, you can and should speak to an Seattle medical malpractice lawyer at Menzer Law Firm. It is important to know more on Washington laws governing medical negligence and how it can apply to your specific situation. You must know whether you have a valid legal claim, and if so, how to make the claim in order to receive the right amount of the compensation you deserve.
What’s the definition of Medical Malpractice?
It is known as medical negligence, is the failure of a healthcare professional to follow the proper standard of care or obtain the patient’s informed consent. In the case of complications and side effects, they do not necessarily constitute an act of malpractice. Unexpected outcomes can happen even when your doctor does everything correctly.
Upholding the standard of care means that doctors are expected to practice the same level of care expertise, and training required of a reasonable health care provider at the time within the professional or category to which they belong to in Washington State. State of Washington when they are acting under the same or similar conditions. For instance your cardiologist is expected to act like a cardiologist who is reasonably prudent in Washington could under similar sorts of conditions.
All medical professionals, with the exception of emergencies, require to obtain your informed consent. You must be informed of all material facts related to your medical treatment prior to when you’re able to give your consent to treatment. It is negligent for a doctor not to inform you about the risks and facts related to treatment and get your informed consent.
Common Malpractices in Medicine
Medical Malpractice Attorneys Seattle WA have handled negligence cases throughout the Seattle area as well as throughout Washington state for decades. We have worked closely with medical malpractice victims and their families injured as a result of the most frequently-reported types of negligence, including:
- Incorrect diagnosis or failure to diagnose A doctor may fail to properly diagnose an injury or condition despite having ability to do so. Your physician might not request the correct tests, read the results wrong or miss the symptoms. An inability to diagnose or a wrong diagnosis could cause you to go through harmful, unnecessary treatments that could cause your condition in a worse state.
- Medical Errors: A physician, pharmacist, or nurse might make a dangerous mistake. Your doctor could prescribe a prescription drug that is incompatible with your health condition or react with other medicines that you take. A nurse might prescribe the wrong medicine or proper medication in the wrong dosage or in the incorrect form. Techs or pharmacists could make a mistake when filling a prescription. Mistakes in filling a prescription can be dangerous and even potentially fatal.
- Patient Falls: If you are admitted to a medical or health care facility, you’ll need proper, round-the-clock care. Patients shouldn’t be left to get up and move around by yourself. The chance of falling while you are ill, or recuperating from surgery just too dangerous. If you don’t have adequate support and safety measures, you might slide and cause a devastating skull injury or fracture.
- Corrections for Surgical Errors have surgery, whether it’s a necessity 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 doctor nurse, anesthesiologist, or any other member in the surgery team could not be careful and make a mistake. It’s possible that you undergo the wrong procedure or have the operation performed on the wrong part of your body. You could get too much or little anesthesia. You could be exposed to harmful viruses or bacteria which can cause an HAI.
- Birth Injury: Pregnant women and babies must be carefully monitored in order to ensure pregnancies and births proceed safely. When doctors or nurses fail to observe pregnant women and fetuses and overlook signs of distress they can cause babies and mothers harm. Inattention to care could lead to premature birth, miscarriage, or even unnecessary C-Sections. It also can cause the infant to suffer broken bones as well as brain damage, or cerebral palsy.
Do you have a Seattle Medical Malpractice Claim?
When you are victimized by medical malpractice You could face serious consequences for the remainder all your days. A lawsuit cannot take away all your pain or discomfort, as well as disfigurement or loss of functioning brought on by the incompetence of the hospital or physician. The legal system can provide financial remedies for psychological, physical, and financial injuries associated from malpractice.
You should talk with an Seattle Medical malpractice attorney about whether you have a legitimate and solid legal case against a healthcare provider. To be able to file a valid malpractice claim you have to be able to prove that the medical provider breached the applicable standards of medical care; that the patient suffered grave injuries, and the breaches to the standard of care were the principal reason behind your serious injuries.
Fight for Compensation
If you suffer a serious accident due to negligent or medical care or carelessness, the law may allow you to compensation:
- Past as well as Future Medical Bills
- Past and Future Wages Lost
- Physical limitations or disabilities
- Pain and Suffering
- Emotional Distress
Insurance companies representing hospitals and doctors are typically reluctant to pay you an adequate amount for injuries. Their lawyers argue that there is no obligation at all, leaving you to deal with the injuries, pain, and financial burdens on your shoulders. But our malpractice lawyers might help you defend your rights.
A Washington Statute of Limitation on Medical Malpractice
There’s a time-limit in the amount of time you’re allowed in order to pursue a medical malpractice lawsuit. The Washington statute of limitations for medical negligence typically 3-years from dates of the alleged negligence or one year from the date you discovered or reasonably could have discovered the medical provider’s negligence. There is another time frame in Washington law,“statutes of repose “statute of repose” which stipulates that all claims, even if there is a reasonably late detection of the negligence, must be brought within eight years of the negligence alleged.
What can I do to determine whether my doctor has committed a malpractice?
One of the hard parts to medical mishaps is working out whether your physician did some wrong which amounts to negligence. It is not always the case that doctor errors are considered to be malpractice. Doctors take their judgement calls based on the information on hand. Sometimes it’s not the right diagnosis or the treatment isn’t working. However, that doesn’t necessarily mean that there’s a breach of the law so you should seek advice from an attorney for malpractice so that they can to review the pertinent medical records and, in most cases, retain a medical expert to tell us if there was an error.
Do I know if anyone was suing my doctor for medical malpractice before?
You can look into your doctor’s past in a variety ways. Find any disciplinary actions that have been taken by an organization like the Washington Medical Commission. You can also check in the National Practitioner Data Bank (NPDB) that lists medical malpractice settlements and verdicts for doctors in the U.S. Another alternative, even though it’s not comprehensive it is to check public court records in the state of Washington.
Where do I file a medical-malpractice lawsuit?
You can only start a lawsuit when the court has jurisdiction over people involved and the matter. The suit can be filed in the state where the malpractice took place. For example, if the malpractice took place in an Seattle hospital, you could file a suit here even if you reside beyond Washington.
My medical malpractice case will go to trial?
Perhaps, but the majority of medical malpractice cases settle. In Washington state, the law requires that you go through mediation before trial. That meansthat, even if the lawyer has filed your medical malpractice suit it will be possible to settle the case out of the court. Menzer Law Firm’s medical malpractice personal injury lawyer Seattle WA always prepare his cases for trial, increasing chances of settlement.
What happens if I learned about the malpractice prior to the statute of limitations expired?
In Washington it is common for you to have three years from the day the medical malpractice occurred to bring a lawsuit. 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 has“the “discovery rules.” If you find or would have discovered that your accident was because of malpractice, you have one year to file a lawsuit. This discovery rule isn’t without limits, however. In Washington the law, you have up to eight years after the date you were harmed to file your lawsuit.