Rumored Buzz on personal injury lawyer Seattle WA
What could happen if it was no longer legal to pursue your doctor or hospital? Some think that this could be a good idea. If your doctor was distracted and kept your baby trapped at the bottom of the birth canal to long, your child’s life-long battle with brain damage could become a tragic, undesirable event, rather than a legal cause of action.
Contrary to what many people believe, medical malpractice lawsuits play an important role in the improvement of the healthcare system. Medical negligence claims are one of the few avenues to bring medical professionals and healthcare facilities responsible for their careless or negligent treatment of patients. For instance, lawsuits regarding the spread of healthcare-associated infections (HAIs) led to drastic changes to the equipment, disinfectants and methods to minimize or eliminate the incidence of infections.
If you or your loved one is injured due to an unprofessional medical professional’s error, you have the right to speak to an Seattle medical malpractice lawyer at Menzer Law Firm. You are entitled to find out more regarding Washington legal malpractice and how it can apply to your situation. You should be aware of whether you have a valid legal claim, and If so, what you can do to make the claim in order to receive just reimbursement.
How can you define Medical Malpractice?
It is referred to as medical negligence, refers to the inability of a medical professional to uphold the standard of care, or obtain permission from the patient in advance. Side effects and complications aren’t necessarily the result of the result of medical negligence. Poor outcomes can occur even when your doctor does everything right.
Upholding the standard of care means that doctors are required to exercise the care, competence, and education required of a reasonable healthcare professional at the time and in the particular profession or group to which they belong within the State of Washington and under similar or similar situations. For instance your cardiologist ought to behave as a reasonably prudent cardiologist in Washington would in similar kind of situation.
Medical professionals, except emergency situations, have to obtain your informed consent. You must be informed of all material information about the treatment you receive before you’re able to give your consent to treatment. It is negligent for a physician to not inform you about the risks and the facts associated with care and obtain your informed permission.
Common Types of Medical Malpractice
Medical Malpractice Attorneys Seattle WA have handled negligence cases throughout the Seattle region and across Washington state for decades. We have been working closely with victims of medical malpractice and their families who were injured as a result of the most prevalent kinds of negligence. Examples include:
- Undiagnosed or Incompetent to Diagnose A doctor may fail to correctly diagnose an injury or condition despite having the capability to diagnose it. The doctor may not perform the appropriate tests, might read the results wrong, or might ignore some of your symptoms. A failure to diagnose or diagnose incorrectly can cause the patient to receive harmful and unnecessary treatments , while causing your condition to get worse.
- Errors in Medicine: A doctor or pharmacist might make a dangerous medication mistake. Your doctor could prescribe a drug not appropriate for your situation or it could react with other medicines you are taking. A nurse might prescribe an incorrect drug or proper medication in the wrong dose or form. Techs or pharmacists may incorrectly fill prescriptions. Medication errors can be harmful and even fatal.
- Patient Falls: When you are admitted to a hospital or medical facility, it is essential to receive 24-hour care. You shouldn’t be left to walk and get about by yourself. The chance of falling while you are ill or recovering from surgery is too high. Without adequate assistance and reasonable safety precautions, you could fall and suffer a traumatic skull injury or fracture.
- Surgical Errors: When you go into surgery, whether it is a necessary or elective procedure, it is expected of your surgeon to take extreme care of your life. However, a surgeon, nurse, anesthesiologist, or other members who are part of your surgical team could have a lapse of judgment and commit mistakes. You might go through the wrong procedure or get the procedure performed on the wrong part of the body. There is a chance that you receive too much or too little anesthesia. You may be exposed to harmful bacteria or viruses that could cause an HAI.
- Birth injuries: Women who are pregnant and infants need to be closely monitored to ensure pregnancies and births go smoothly. When doctors or nurses do not monitor pregnant women and fetuses and neglect signs of distress they can cause babies and mothers harm. Carelessness can lead to premature births, miscarriage or unneeded C-Sections. The baby to be injured by broken bones as well as brain damage, or cerebral palsy.
Do you have a Seattle Medical Malpractice Claim?
If you’re the victim of medical malpractice there is a chance that you could be facing grave consequences for the duration all your days. A lawsuit won’t take away all your pain or discomfort, disfigurement, or loss of function resulted from the negligent actions of the hospital and medical professional. The legal system can provide financial remedies for the physical, psychological and financial damage that comes by malpractice.
Talk to an Seattle Medical malpractice attorney about whether you have a valid and solid legal claim against a healthcare provider. In order to be able to make a valid malpractice claim you need to demonstrate that the medical professional breached the applicable standards of care; that you suffered serious injuries, and that the breaches to the standard of care were the primary source of your injuries.
Fight for compensation
If you suffer a serious injury from medical negligence or recklessness The law could entitle you to compensation:
- Past and 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 unwilling to provide an adequate amount for injuries. Their lawyers say that there isn’t any liability at all which leaves you the injuries, pain, and financial burdens on your own but our malpractice lawyers will take on your behalf to protect your rights.
It is the statute of limitations for Washington medical malpractice.
There is a limitation on how long you have in order to pursue a medical negligence lawsuit. There is a statute of limitations in Washington. Washington deadline for filing a lawsuit in the case of medical negligence is usually one year from dates of the negligence alleged or one year from when you realized or could reasonably have discovered the medical professional’s negligence. There is a second limitation on time in Washington law, called“statutes of repose “statute of repose” — which states that any claims, even where there’s a late discovery of the negligence, must be brought within eight years from the date of the negligence alleged.
How do I know if my doctor committed malpractice?
One of the toughest aspects of medical malpractice is working out if the doctor you have consulted did any wrongs that amount to negligence. Some doctor mistakes are not legally deemed to be malpractice. Doctors make calls based on the information on hand. Sometimes, it’s not the correct diagnosis or treatment doesn’t work. It doesn’t mean it’s negligence or a violation of the law. That’s why it’s vital to seek assistance from a malpractice lawyer so that they are able to look over the relevant medical records . They will often retain a medical expert to determine if there was malpractice.
Could I find out if someone had sued my doctor for malpractice in the past?
You can investigate your doctor’s history by a variety of methods. You can look for any disciplinary cases through authorities like the Washington Medical Commission. Then, you can look through on the National Practitioner Data Bank (NPDB) where you can find the verdicts and settlements for medical malpractice for doctors in the U.S. Another alternative, although it’s not complete is to look through the records of state courts.
Where can I file a malpractice lawsuit?
You can only file a lawsuit where a court has jurisdiction over the parties involved as well as the subject matter. You can file the suit in the state where the incident took place. For example, if the malpractice took place in an Seattle hospital, you are able to file a suit here even if you reside outside of Washington.
My medical malpractice case will go to trial?
Most likely, however, medical malpractice cases are settled. In Washington laws, it is required for the mediation process to be completed before trial. That meansthat, even if your lawyer files the medical malpractice suit, you’ll have an opportunity to settle the matter outside of 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 malpractice before the statute of limitations?
In Washington, you generally have three years from the time the medical malpractice happened to make a claim. However, in some instances, the fact that you weren’t the one to blame until a long time later. This is why Washington has“the “discovery principle.” When you realize or ought to have discovered that your injury was caused by negligence, you have one year to bring a lawsuit. This discovery rule has limits however. In Washington the law, you have the option of a period of eight years after the date of your malpractice to file your claim.