What would happen if no longer legal to bring a lawsuit against your doctor or hospital? Many believe it is a great idea. If your doctor was distracted and improperly placed your baby at the bottom of the birth canal to long, your child’s lifetime battle with brain injury will merely be a sad, unlucky event, not being a legal reason to take action.
Contrary what people may believe that medical malpractice lawsuits play an important part in improving healthcare. Medical negligence claims are one of the few methods to bring medical professionals and healthcare facilities accountable for their negligent or irresponsible patient care. As an example, lawsuits against the spread of healthcare-associated infections (HAIs) caused drastic changes in equipment, disinfectants and processes to lessen or even eliminate the spread of infections
When you or a loved one has been hurt by an unprofessional medical professional’s error, it is possible to talk to a Seattle medical malpractice attorney at Menzer Law Firm. You should be aware the details of Washington health law regarding medical errors and how it can apply to your particular situation. It is important to know if you have a valid legal claim, and should you make the claim in order to receive fair compensation.
What exactly is medical Malpractice?
Medical malpractice, also known as medical negligence, is the failure of healthcare expert to meet the required standards of care or to obtain the patient’s informed consent. These complications and side effects do not necessarily constitute the result of medical negligence. Unexpected outcomes can happen even when your doctor has done everything right.
Upholding the standard of care is that medical professionals must exercise the degree of care, competence, and education expected of a reasonably prudent healthcare professional at the time, in the profession or class to which they belong to, within the State of Washington, acting in the same or similar circumstances. For example the cardiologist you choose to consult with should behave in the same way a prudent cardiologist in Washington would in similar kinds of circumstances.
Medical professionals, except emergency situations, must to get your informed consent. You should be aware of all material information regarding your medical care before you can effectively consent to treatment. It’s negligent for a doctor not to inform you about the risks and the facts that are associated with treatment and to obtain your informed consent.
Common Types of Medical Malpractice
Medical Malpractice Attorneys Seattle WA have handled negligence cases in the Seattle region as well as across Washington state for decades. We have been working closely with victims of medical malpractice as well as their families, who were injured by the most frequent types of negligence. This includes:
- Undiagnosed or Incompetent to Diagnose A doctor may be unable to diagnose a problem or condition despite having ability to do so. Your doctor might not order the appropriate tests, have the wrong results or may not be aware of the symptoms. Failure to recognize or diagnose incorrectly can cause you to undergo harmful, unneeded treatments and cause your health condition to worsen.
- Mistakes in Medication: A doctor, pharmacist, or nurse could make a hazardous medication mistake. The doctor you see may prescribe a drug unsuitable for your needs or interfere with other medications you are taking. A nurse could administer the wrong medicine or right medication in the incorrect dosage or form. Techs or pharmacists could mistakenly fill in prescriptions. Medication errors can be harmful and can even be life-threatening.
- Patient Falls: If you are admitted to a medical or health care facility, you should receive appropriate, round-the-clock care. You shouldn’t be left to stand and walk around by yourself. The risk of falling when you’re sick as well as recovering from surgery just too dangerous. In the absence of adequate help and appropriate security precautions, you could get injured and suffer a serious head injury or broken bone.
- Corrections for Surgical Errors are undergoing surgery, whether it’s a mandatory or elective procedure, it is expected of the medical staff to provide absolute care of your life. However, a doctor nurse, anesthesiologist, or any other member in the surgery team might not be careful and make an error. You might go through the wrong procedure or have the surgery performed on the wrong portion of your body. You may receive too much or too little anesthesia. You could be exposed to harmful bacteria or viruses that can trigger an HAI.
- Birth Injury: Pregnant women and infants need to be closely watched so that births and pregnancy are safe. If doctors or nurses fail to monitor pregnant women and fetuses , or do not recognize signs of distress, they can cause babies and mothers harm. Negligent care can lead to premature births, miscarriage or even unnecessary C-Sections. Also, it can cause the infant to suffer broken bones neuro damage, nerve damage, or cerebral palsy.
Do you have an Seattle Medical Malpractice Claim?
When you are the victim of medical malpractice it could mean you face grave consequences for the remaining years of your existence. The court system cannot alleviate you of the pain as well as suffering as well as disfigurement, or loss of function due to the carelessness of the hospital or physician. The legal system provides financial compensation to treat psychological, physical and financial harms that come with negligence.
Consult a Seattle Medical malpractice attorney about whether you are able to make a valid and convincing legal claim against a physician. In order to be able to make a successful malpractice claim, you must be able to establish that the medical facility did not meet the applicable standards of medical care, that you sustained serious injuries, and the breaches to the standard of care were the main basis for your severe injuries.
Fight for compensation
If you sustain a serious injury from negligence or negligence in the medical field or carelessness, the law may allow you to compensation:
- Past And Future Medical Bills
- Future and Past Lost Wages
- Physical limitations or disabilities
- Pain and Suffering
- Emotional Stress
Insurance companies that represent doctors and hospitals typically are unwilling to provide reasonable compensation for your injuries. Their lawyers insist that no liability exists at all which leaves you with injuries, pain, and financial burdens on your own . However, our malpractice lawyers could be able to fight for your rights.
It is the statute of limitations for Washington medical malpractice.
There is a time limit on how long you have for filing a legal malpractice lawsuit. In Washington, the Washington law’s statute of limitation for medical negligence is generally 3 years after the dates of the alleged negligent act or one year after the date that you realized or could reasonably have discovered the medical provider’s negligence. There is another limitation on time in Washington law,“statutes of repose “statute of repose” which stipulates that all claims, even where there’s a late discovery of the fault, should be brought within eight years of the alleged negligence.
How do I determine if my doctor committed malpractice?
One of the biggest challenges of medical malpractice is figuring out if the doctor you have consulted did something wrong that amounts to negligence. It is not always the case that doctor errors are classified as malpractice. Doctors make judgement calls based on the information at hand. Sometimes it isn’t the right diagnosis or treatment isn’t working. But that doesn’t mean there isn’t a problem and that’s why it’s important to seek out help from a malpractice lawyer so that they are able to look over the relevant medical records . Often, they hire a medical expert inform us of any the possibility of malpractice.
Do I know if anyone sued my doctor for malpractice in the past?
You can examine your doctor’s background through a variety of ways. Look for any disciplinary actions that have been taken by The Washington Medical Commission. Then, you can look through your local 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 alternative, although it’s not comprehensive one can do is search the court records of state courts.
Where do I file a medical-malpractice lawsuit?
You can only make a claim if the court has jurisdiction over parties involved and the issue. You are able to file the suit in the state where the mistake happened. For example, if the incident occurred in an Seattle hospital, you could claim a case even if reside beyond Washington.
My medical malpractice case will be heard in court?
The chances are that, but the vast majority of medical malpractice cases settle. In Washington the law requires that you go through mediation before trial. This means that even after your lawyer files the medical malpractice suit and you’ll be able to settle the case outside of the court. Menzer Law Firm’s Medical Malpractice personal injury lawyer Seattle WA always prepare his cases for trial, which enhances the chance of settlement.
What happens if I learned about my malpractice after the time of limitations expired?
In Washington there is a standard of three years after the date the malpractice occurred to make a claim. But in some cases, it isn’t until you find out that you have been the subject of an accident until much later. That’s the reason Washington has the “discovery rules.” Once you discover or reasonably would have discovered that your accident was caused by negligence the law gives you a year to bring a lawsuit. This rule of discovery isn’t without its limitations, however. In Washington, you have up to eight years after the date of your malpractice to file your lawsuit.