Medical Malpractice Attorneys Seattle WA for Dummies
What will happen if no longer legal to take action against your doctor or hospital? Some believe that it would be a great idea. If your doctor was distracted and left your baby languishing within the birth canal too long, your child’s life-long struggle with brain injuries will just be an unfortunate, unfortunate event instead of the legal basis for action.
Contrary what people may believe, medical malpractice lawsuits play an important part in improving the quality of healthcare. Medical negligence claims are one of the only ways to keep medical professionals and medical facilities accountable for negligent or irresponsible patient care. For instance, lawsuits regarding medically acquired infections (HAIs) caused drastic changes to equipment, disinfectants as well as procedures to lower or eliminate the possibility of infections.
If you or a loved one are harmed by an error of a medical professional, you are able to and should talk with a Seattle medical malpractice lawyer at Menzer Law Firm. You deserve to learn more on Washington laws governing medical negligence and how it applies to your particular situation. You should be aware of whether you are entitled to a legal claim, and in the event that you do, how to pursue that claim to obtain an equitable amount of compensation.
What exactly is medical Malpractice?
The term “medical malpractice,” also known as medical negligence is an inability of a healthcare professional to maintain the standards of care or obtain permission from the patient in advance. Complications and side effects aren’t necessarily a sign of medical malpractice. The risk of poor outcomes is high even in the event that your doctor does everything right.
The standard of care means that doctors must exercise the degree of care, expertise, and training required of a reasonable healthcare provider at the time that they practice in the field or class to which they are and in Washington State. State of Washington, acting in similar or similar situations. For instance the cardiologist you choose to consult with should behave like a reasonably prudent cardiologist in Washington in the same kinds of situations.
All medical professionals, excluding emergency situations, have to obtain your informed consent. You must be informed about all material information about your medical care prior to the time you’re able to give your consent to treatment. It is negligent for a physician to not inform you about the risks and facts associated with care and obtain your informed consent.
Common Medical Malpractice Types
Medical Malpractice Attorneys Seattle WA have handled negligence claims in the Seattle region as well as across Washington state for a long time. We have been working closely with medical malpractice victims and their families injured by the most frequently-reported types of negligence. These include:
- The misdiagnosis or the failure to diagnose Physicians may fail to diagnose a problem or condition despite having capability to diagnose it. Your physician may not conduct the correct tests, interpret the results incorrectly, or might ignore the symptoms. An inability to diagnose or incorrect diagnosis can cause you to endure harmful, unnecessary treatments that could cause your condition worse.
- Mistakes in Medication: A doctor, pharmacist, or nurse might make a dangerous error. Your doctor might prescribe a drug that is not suitable for you or might interfere with other medications that you take. A nurse may administer the wrong medicine or appropriate medication in the wrong dosage or in the incorrect form. Techs or pharmacists may incorrectly fill prescriptions. Incorrect prescriptions can cause harm and can even be fatal.
- Patient Falls: If you are admitted to a hospital or health facility, you should receive appropriate continuous, 24-hour medical attention. You should not be left to climb up and move about by yourself. The risk of falling when you are ill and recovering from surgery just too dangerous. If you do not have the proper assistance and safety precautions, you could slip and sustain a severe head injury or fractured bone.
- surgical errors: When you are undergoing surgery, whether it is a necessary or elective procedure, you expect the surgical care to take extreme care of your life. However, a surgeon, nurse, anesthesiologist, or any other member from the medical team might take careless actions and make errors. You could undergo the wrong procedure or have the operation performed on the wrong region of the body. You could receive too much or too little anesthesia. The risk is that you could be exposed harmful viruses or bacteria that cause an HAI.
- Birth injury: Pregnant women as well as infants must be watched closely to ensure that births and pregnancies progress safely. If nurses or doctors fail to monitor pregnant women and fetuses , or do not recognize signs of distress, they may cause babies and mothers harm. Inattention to care could lead to premature birth, miscarriage or unneeded C-Sections. This can also cause the baby to be injured by broken bones, nerve damage, brain damage, or cerebral palsy.
Do You Have a Seattle Medical Malpractice Claim?
When you are the victim of medical negligence there is a chance that you could be facing serious consequences for the duration in your lifetime. The court system cannot be a way to relieve all of your pain or discomfort, disfigurement or loss of performance due to the negligence of the hospital or physician. The legal system, however, can provide financial remedies for the physical, psychological as well as financial losses that can be attributed with malpractice.
You should talk with an Seattle Medical malpractice attorney about whether you have a valid and solid legal case against a healthcare provider. To be able to file a successful malpractice claim, you must show that the medical practitioner infringed on the applicable standards of care; that you suffered serious injuries, and that the breaches to the standard of care are the primary reason for your serious injuries.
Fight for compensation
If you suffer a serious injury as a result of recklessness or negligence on the part of a doctor it could be a legal right for you to compensation:
- 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 usually are not inclined to offer reasonable compensation for your injuries. Their lawyers say that no liability exists at all, leaving you to deal the injuries, pain, and financial burdens on your own but our malpractice lawyers could be able to fight for your rights.
It is the statute of limitations for Washington medical malpractice.
There is a limitation for the length of time that you need to bring a medical negligence lawsuit. This is known as the Washington time limit in the case of medical negligence is usually at least three years following the dates of the alleged negligence , or one year from when you realized or could reasonably have identified the medical provider’s negligence. There is a second time frame in Washington law, namely“statute of restraint “statute of repose” which says that any claim, even in the event of a late finding of fault, should be filed within eight years from the date of the negligence alleged.
What can I do to determine when my doctor is guilty of malpractice?
One of the hardest parts for medical professionals is working out whether your physician did some wrong which amounts to negligence. Some doctor mistakes are not considered to be malpractice. Doctors take their judgement choices based upon the information on hand. Sometimes, they don’t have the right diagnosis, or the treatment isn’t effective. That doesn’t make it negligence so it’s essential to get help from a malpractice lawyer so that they can to review the relevant medical records . Often, they hire a medical expert clarify if there is an error.
Can I see if someone filed a lawsuit against my doctor to be a victim of medical malpractice?
You can check your doctor’s past in several ways. You can look for any disciplinary cases from the Washington Medical Commission. In the next step, check in the National Practitioner Data Bank (NPDB) which lists the verdicts and settlements for medical malpractice for practitioners in the U.S. Another alternative, even though it’s not exhaustive is to look through state court records.
Where can I file a medical malpractice lawsuit?
It is only possible to bring a lawsuit if the court has jurisdiction over the parties involved and the subject issue. You can file the suit in the state in which the malpractice occurred. In the case of example, if incident occurred in a Seattle hospital, you could bring a lawsuit here even if reside in a different state than Washington.
My medical malpractice case will be heard in court?
Perhaps, but the majority of medical malpractice cases are settled. In Washington where the law is in force, it requires that you attend mediation prior to trial. In other words, even after the lawyer files your medical malpractice lawsuit in court, you’ll have the opportunity to settle the case out of court. Menzer Law Firm’s medical negligence personal injury lawyer Seattle WA always prepare his cases for trial, which enhances the chances of settling.
What happens when I find out about malpractice after the statute of limitations expired?
In Washington, you generally have three years from the date the medical malpractice occurred to start a lawsuit. However, in some instances, people don’t discover that they had been the target of negligence later. This is why Washington is governed by“the “discovery policy.” Once you have discovered or could have discovered that your injuries resulted from negligence and you are allowed one year to bring a lawsuit. This discovery rule has limits however. In Washington it is possible to file up to eight years from the time you discovered malpractice to file your lawsuit.