What would happen if it were no longer legal to pursue your doctor or hospital? Some believe it would be a good idea. If your doctor was distracted and improperly allowed your baby to remain inside the birth canal way too time, your child’s battle with brain damage could simply be an undesirable event, rather than being a legal reason to take action.
Contrary what people may believe that, medical malpractice lawsuits have an important part in improving the healthcare industry. Medical negligence claims are just one of the few methods to bring medical professionals and healthcare facilities responsible for their careless or careless patient treatment. For instance, lawsuits regarding medically acquired infections (HAIs) resulted in drastic changes to equipment, disinfectants and methods to minimize or even eliminate the spread of infections.
If you or your loved one has been injured by negligence by a medical professional you have the right to speak with a Seattle medical malpractice lawyer from Menzer Law Firm. It is essential to understand more the details of Washington medical malpractice law and how it can be applied to your particular situation. You should know whether you have a valid legal claim, and If so, what you can do to investigate the claim and receive just reimbursement.
What exactly is medical Malpractice?
The term “medical malpractice,” also referred to as medical negligence, is an inability of a healthcare professional to adhere to the highest standards of care or seek their patient’s written consent. These complications and side effects are not inherently negligence. In fact, they can happen when your doctor does everything right.
Upholding the standard of care means that doctors are expected to practice the same level of care expertise, and training that is required of a reasonably prudent healthcare professional at the moment they are in the profession or class to which they are, in Washington State. State of Washington when they are acting under similar or similar circumstances. For example your cardiologist must act as a reasonably prudent cardiologist in Washington could under similar kind of situation.
All medical professionals, excluding in emergency situations, are required to have your consent in writing. You must be fully informed of all material facts pertaining to the treatment you receive before you are able to consent in a meaningful way to treatment. It’s negligent for a doctor not to talk to you regarding the facts and potential risks of treatment, and then obtain your informed consent.
Common types of medical malpractice
Medical Malpractice Attorneys Seattle WA have handled negligence claims in the Seattle region and across Washington state for decades. We have been working closely with medical malpractice victims and their families injured by the most frequent kinds of negligence, such as:
- Misdiagnosis/Failure to Diagnose: A physician might fail to diagnose a problem or condition , despite having the capability to diagnose it. The doctor may not perform the correct tests, have the wrong results, or might ignore certain symptoms. An inability to diagnose or incorrect diagnosis can cause you to endure harmful, unnecessary treatments , while causing the condition to deteriorate.
- Medication errors: A doctor, pharmacist, or nurse might make a dangerous error. The doctor you see may prescribe a medication that is not appropriate for your situation or be incompatible with other medications you’re taking. Nurses may prescribe the wrong medication or the right medication in the incorrect dosage or in the wrong form. A tech or pharmacist could not correctly fill prescriptions. The consequences of a mistake in the filling process can be devastating and can even be fatal.
- Patient Falls: When you are admitted to a hospital or healthcare facility, it is important that it is essential to receive continuous, 24-hour medical attention. Patients shouldn’t be left to climb up and move about on your own. There is a risk of falling if you are ill, or recuperating from surgery just too to be taken lightly. In the absence of adequate help and appropriate security precautions, you could get injured and suffer a serious head injury or fractured bone.
- Surgical Errors: When you undergo surgery, whether it is a necessary or elective one, you’ll want that the surgeon will take the utmost care with your life. However, a physician, nurse, anesthesiologist or any other member in the surgery team may be careless and make a mistake. There is a chance that you will undergo the wrong procedure , or have the surgery done on the incorrect part of your body. You might get too much or little anesthesia. You could be exposed to harmful viruses or bacteria which cause an HAI.
- Birth injury: Pregnant women and babies must be monitored carefully to ensure that pregnancies and births take place in a safe manner. If nurses or doctors do not monitor pregnant women and fetuses , or do not recognize signs of distress, it could cause mother and baby to suffer harm. Inattention to care could lead to premature birth, miscarriage, or even unnecessary C-Sections. Additionally, it could cause 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 malpractice and you are a victim of medical malpractice, you could face serious consequences for the future the rest of your lives. Legal action will not be able to relieve you of all your pain or discomfort, as well as disfigurement or loss of performance due to the negligence of the hospital , or medical professional. The legal system does provide financial remedies to treat psychological, physical, and financial injuries associated to malpractice.
If you are in need of help, consult a Seattle Medical malpractice attorney about whether you have a valid and strong legal case against a medical provider. In order to have a valid malpractice claim you must be able to demonstrate that the doctor breached the applicable standards of treatment; that you suffered grave injuries, and these violations of the standard of care were the principal reason behind your serious injuries.
Fight for Compensation
When you suffer a serious injury from negligent or medical care, the law might entitle you to compensation for:
- Past As well as Future Medical Bills
- Future and Past Lost Wages
- Physical limitations or disabilities
- Pain and Suffering
- Emotional Distress
Insurance companies that represent hospitals and doctors generally are reluctant to pay an adequate amount for injuries. Their lawyers argue that no liability exists at all, leaving you to deal with the injuries, pain, and financial burdens on your shoulders. But our malpractice lawyers may fight for your rights.
The Washington Medical Malpractice Statute of Limitations
There is a time limit on how long you have in order to pursue a medical malpractice lawsuit. The Washington time limit in the case of medical negligence is usually at least three years following the date of the alleged negligent act or one year from when you discovered or reasonably could be aware of the medical professional’s negligence. There is a second period of time under Washington law,“statute of repose. “statute of repose” which says that any claim, even where there’s a late finding of error, are to be filed within eight years from the date of the negligence alleged.
What can I do to determine what if my doctor was negligent?
One of the toughest aspects of medical malpractice is figuring out whether your doctor did something wrong that constitutes negligence. Not all doctor errors are considered to be malpractice. Doctors make their calls based on the information available. Sometimes, it’s not the best diagnosis, or the treatment doesn’t work. This doesn’t mean that it’s negligence or a violation of the law. That’s why it’s essential to get help from a malpractice lawyer so that they can review pertinent medical records and, in most cases, engage a medical professional to inform us of any an error.
What can I do to find out if someone was suing my doctor for medical malpractice before?
You can examine the background of your doctor in a variety ways. Look for any disciplinary actions with the Washington Medical Commission. In the next step, check on the National Practitioner Data Bank (NPDB) that lists the verdicts and settlements for medical malpractice on behalf of practitioners in the U.S. Another alternative, although it’s not comprehensive it is to check state court records.
Where can I file a medical-malpractice lawsuit?
You can only make a claim if an appropriate court has jurisdiction over parties involved and the issue. The suit can be filed in the state where the mistake occurred. For example, if the mistake occurred in the Seattle hospital, it is possible to be able to sue even if live within Washington.
Will my medical malpractice case be heard in court?
Most likely, however, medical malpractice cases settle. In Washington laws, it is required for that you go through mediation prior to trial. That means, even after the lawyer files your medical malpractice suit in court, you’ll have the opportunity to settle the matter without going to court. Menzer Law Firm’s Medical Malpractice personal injury lawyer Seattle WA always prepare his cases for trial, which increases the probability of settlement.
What happens when I find out about malpractice before the statute of limitations?
In Washington it is common for you to have three years after the date the malpractice occurred to bring a lawsuit. In some instances, the fact that you weren’t the one to blame until later. This is why Washington utilizes“the “discovery policy.” When you realize or could have discovered that your injuries resulted from malpractice You have a year to file an action. This discovery rule isn’t without limits however. In Washington it is possible to file an entire period of eight years from the time you discovered malpractice to file a lawsuit.