What would happen if it were no longer legal to take action against your doctor or hospital? Some think that this would be a great idea. If your doctor got distracted and improperly left your baby languishing inside the birth canal way too long, your child’s lifetime battle with brain injury will only be a sad, unlucky event, not an actual legal action.
Contrary to what many people believe that medical malpractice lawsuits play an important role in the improvement of the healthcare system. Medical negligence claims are one of the few ways to make medical professionals and institutions responsible for their careless or negligent patient care. For instance, lawsuits involving the spread of healthcare-associated infections (HAIs) led to drastic changes in equipment, disinfectants and methods to minimize or even eliminate the spread of infections
If you or a family member is hurt due to a medical professional’s negligence, you should consult to a Seattle medical malpractice attorney at Menzer Law Firm. You deserve to learn more concerning Washington health law regarding medical errors and how it applies to your particular situation. You must know whether you have a valid legal claim, and If so, what you can do to take action to get the right amount of payment.
What’s the definition of Medical Malpractice?
Also referred to as medical negligence, is the failure of healthcare professional to maintain the standards of care or to obtain an informed patient’s consent. These complications and side effects aren’t necessarily the result of medical malpractice. Unexpected outcomes can happen even when your doctor does everything correctly.
The standard of care means that doctors are expected to practice the same level of care competence, and education expected of a reasonably prudent medical professional in the present and in the particular profession or group to which they belong and in Washington State. State of Washington performing in the same or similar circumstances. For example your cardiologist ought to behave like a reasonably prudent cardiologist in Washington should under similar sorts of conditions.
All medical professionals, except emergencies, require to obtain your consent in advance. You must be fully informed of all the material facts pertaining to your medical treatment before you can effectively consent to treatment. It’s negligent for the doctor not to talk to you about the risks and facts that are associated with treatment and to obtain your consent in a timely manner.
Common Malpractices in Medicine
Medical Malpractice Attorneys Seattle WA have handled negligence claims throughout the Seattle area and across Washington state for a long time. We have been working closely with medical malpractice victims and their families that were injured due to some of the most prevalent types of negligence, including:
- The misdiagnosis or the failure to diagnose The doctor might be unable to correctly diagnose an injury or condition despite having the capability to diagnose it. Your physician might not request the right tests, read the results wrong, or might ignore the symptoms. Failure to recognize or incorrect diagnosis can cause you to undergo harmful, unnecessary treatments , while causing your condition in a worse state.
- Medication errors: A doctor or pharmacist might make a dangerous medication error. The doctor you see may prescribe a drug inappropriate for your condition or might be incompatible with other medications that you take. A nurse could prescribe the wrong drug or the right medication in the incorrect dosage or in the wrong format. A pharmacist or technician could mistakenly fill in a prescription. Mistakes in filling a prescription can be dangerous and even potentially fatal.
- Patient Falls: If you are admitted at a hospital or medical facility, you must receive the proper 24 hour care. Patients shouldn’t be left to walk and get around by yourself. There is a risk of falling if you’re sick or recovering from surgery is too excessive. Without adequate assistance and reasonable security precautions, you could slip and sustain a severe head injury or fractured bone.
- surgical errors: When you undergo surgery, regardless of whether it’s an essential or elective procedure, you’re expecting that the surgeon will take absolute care of your life. However, a doctor, nurse, anesthesiologist or any other member on the team that performs surgery could not be careful and make errors. It is possible to undergo the wrong procedure or have the surgery done on the incorrect part of your body. It is possible that you will get too much or little anesthesia. It is possible to be exposed harmful bacteria or viruses which cause an HAI.
- Birth Injury: Pregnant women and infants should be closely watched so that births and pregnancy proceed safely. If doctors or nurses do not monitor pregnant women or fetuses or neglect signs of distress they can cause mother and baby to suffer harm. Unprofessional care can lead to early birth, miscarriage or unnecessary C-Sections. It also can cause the baby to be injured by broken bones or nerve damage, brain damage, or cerebral palsy.
Do you have Do You Have a Seattle Medical Malpractice Claim?
When you are the victim of medical malpractice You could face severe consequences for the duration of your life. Legal action will not be able to relieve you of all your pain or suffering as well as disfigurement or loss of performance due to the negligent actions of the hospital and doctor. The legal system, however, offers financial recourse for psychological, physical and financial damage that comes with negligence.
Consult a Seattle Medical malpractice attorney about whether you are able to make a valid and convincing legal case against a medical provider. In order to be able to make an effective malpractice claim you have to demonstrate that the medical professional violated the standards of medical care, that you sustained serious injuries, and these breaches of the standard of care were the primary reason behind your serious injuries.
Fight for compensation
If you suffer an injury from negligence or negligence in the medical field The law could entitle you to compensation:
- Past And Future Medical Bills
- Past and future lost wages
- Physical limitations or disabilities
- Pain and Suffering
- Emotional Stress
Insurance companies that represent hospitals and doctors typically are reluctant to pay an adequate amount for injuries. Their lawyers argue that no liability exists at all that leaves you the injury, pain, and financial burdens yourself. our malpractice lawyers could take on your behalf to protect your rights.
The Washington Medical Malpractice Statute of Limitations
There is a limitation on the time you are allowed to submit a claim for medical negligence lawsuit. In Washington, the Washington deadline for filing a lawsuit for medical negligence is generally one year from date of the alleged negligent act or one year from when you discovered or reasonably could have discovered the medical practitioner’s negligence. There is a second time frame in Washington law,“statute of repose. “statute of repose” which says that any claims, even in cases of late discovery of the fault, should be brought within 8 years of the alleged negligence.
How can I tell if my doctor committed malpractice?
One of the most difficult aspects that medical errors can cause is working out if your doctor did some wrong which amounts to negligence. It is not always the case that doctor errors are considered malpractice Doctors make judgment decisions based on the facts that is available. Sometimes, it’s not the correct diagnosis, or the treatment isn’t working. It doesn’t mean it’s negligence so it’s essential to get help from a lawyer who is experienced in malpractice cases so they can look over relevant medical records . Often, they have a medical expert clarify if there is an error.
Can I see if someone had sued my doctor to be a victim of medical malpractice?
You can look into your doctor’s history through a variety of ways. Find any disciplinary actions through authorities like the Washington Medical Commission. In the next step, check the National Practitioner Data Bank (NPDB), which shows medical malpractice settlements and verdicts for doctors in the U.S. Another alternative, although it’s not complete you can search for state court records.
Where do I file a medical-malpractice lawsuit?
You can only start a lawsuit when an appropriate court has jurisdiction over the parties involved and the issue. You can file the suit in the state where the incident took place. For example, if the malpractice took place in a Seattle hospital, it is possible to file a suit here even if you reside beyond Washington.
Does my medical malpractice lawsuit go to trial?
Perhaps, but the majority of medical malpractice cases are settled. In Washington state, the law requires that you go through mediation prior to trial. So, even after your lawyer files the medical malpractice suit, you’ll have an opportunity to settle the case 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 when I find out about malpractice following the statute of limitations?
In Washington the law generally allows three years from the day the medical error occurred to start a lawsuit. However, in some instances, you don’t find out you weren’t the one to blame until a long time later. That’s why Washington uses the “discovery policy.” If you find or would have discovered that your accident resulted from negligence You have a year to file a lawsuit. This rule of discovery isn’t without its limitations, however. In Washington it is possible to file the option of a period of eight years after the date of your malpractice to file a lawsuit.