What would happen if not legal anymore to bring a lawsuit against your doctor or hospital? Some think that this might be a good idea. If your doctor got distracted and kept your baby trapped at the bottom of the birth canal to long, your child’s lifetime struggle with brain injuries will only be a sad, unfortunate event instead of an actual legal action.
Contrary to what some believe they do, medical malpractice lawsuits play an important part in improving the quality of healthcare. Medical negligence lawsuits are one of the few ways to ensure that medical professionals and hospitals are held accountable for negligent or negligent patient care. For instance, lawsuits involving healthcare-acquired infections (HAIs) led to drastic changes in equipment, disinfectants and processes to lessen or eliminate the possibility of infections
When you or a family member is hurt due to an unprofessional medical professional’s error, you should consult with an Seattle medical malpractice lawyer at Menzer Law Firm. You deserve to learn more regarding Washington medical malpractice law and how it applies to your particular situation. You need to determine if you have a valid legal claim, and should you go about pursuing that claim for fair settlement.
How can you define Medical Malpractice?
Also referred to as medical negligence, is an inability of a healthcare professional to follow the proper standard of care or obtain permission from the patient in advance. In the case of complications and side effects, they aren’t necessarily the result of malpractice. In fact, they can happen when your doctor does everything correctly.
In accordance with the standard of care means that medical professionals must exercise the amount of care, competence, and education necessary of a reasonably shrewd healthcare professional at the time that they practice in the field or group to which they belong to, within the State of Washington and under similar or similar situations. For example your cardiologist must act like a cardiologist who is reasonably prudent in Washington would under the same kinds of circumstances.
All medical professionals, with the exception of emergencies, require to get your informed consent. You must be fully informed of all material information about the treatment you receive before you can effectively consent to treatment. It’s irresponsible for a doctor to not speak 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 in the Seattle area and throughout Washington state for decades. We have been working closely with medical malpractice victims and their families injured due to some of the most common kinds of negligence, such as:
- The misdiagnosis or the failure to diagnose A doctor may fail to diagnose a problem or illness, even though they have the capability to diagnose it. Your physician might not request the right tests, have the wrong results or may not be aware of the symptoms. A failure to diagnose or diagnose incorrectly can cause you to undergo harmful, unneeded treatments and cause your condition in a worse state.
- Medication Errors: A doctor, pharmacist, or nurse could make a hazardous medication error. The doctor may prescribe a medication that is not appropriate for your situation or it could interact with other drugs you are taking. A nurse might prescribe the wrong drug or the proper medication but in the wrong dosage or form. A tech or pharmacist could not correctly fill prescriptions. Incorrect prescriptions can cause harm and can even be potentially fatal.
- Patient Falls: When you are admitted to a hospital or other health care center, you need to receive proper continuous, 24-hour medical attention. There is no reason to be left to stand and walk around by yourself. The danger of falling when you are ill as well as recovering from surgery just too to be taken lightly. If you do not have the proper assistance and safety precautions, you can be injured in a fall, causing a head injury or broken bone.
- Surgical Errors: When you go into surgery, whether it’s necessary or elective procedure, you’ll expect that the surgeons will treat you with extreme care of your life. However, a doctor, nurse, anesthesiologist or any other member on the team that performs surgery might be careless and make mistakes. There is a chance that you will undergo the incorrect procedure or have surgery done on the wrong portion of your body. You might get too much or little anesthesia. The risk is that you could be exposed harmful bacteria or viruses which cause an HAI.
- Birth injuries: Women who are pregnant and infants need to be carefully monitored in order to ensure pregnancies and births are safe. If healthcare providers or nurses do not monitor pregnant women and fetuses and ignore signs of distress, it could cause mothers and infants to be hurt. Carelessness can lead to early birth, miscarriage or even unnecessary C-Sections. This can also cause the child to sustain broken bones neuro damage, nerve damage, or cerebral palsy.
Do You Have a Seattle Medical Malpractice Claim?
If you’re the victim of medical negligence, you might be facing severe consequences for the duration of your existence. The court system cannot relieve you of all your pain and pain, disfigurement or loss of performance due to the negligent actions of the hospital and doctor. The legal system does provide financial remedies for psychological, physical as well as financial losses that can be attributed to malpractice.
You should talk with a Seattle Medical malpractice attorney about whether you have a legitimate and solid legal claim against a healthcare provider. In order to bring an effective malpractice claim you need to be able to show that the medical practitioner did not meet the applicable standards of care; that you suffered grave injuries, and these breaches of the standard of care are the primary cause of your significant injuries.
Fight for compensation
If you sustain a serious accident due to negligence or medical negligence The law could entitle you to compensation for your:
- Past As well as Future Medical Bills
- Past and Future Lost Wages
- Physical Limitations or Disabilities
- Pain and Suffering
- Emotional Stress
Insurance companies representing doctors and hospitals typically are not inclined to offer fair compensation for your injuries. Their lawyers insist that there isn’t any liability at all that leaves you with injuries, pain, and financial burdens yourself. our malpractice lawyers might be able to fight for your rights.
This is the Washington Medical Malpractice Statute Of Limitations
There is a limit on how long you have to submit a claim for medical negligence lawsuit. In Washington, the Washington statute of limitations for medical negligence typically three years from the dates of the negligence alleged or one year after the date that you realized or could reasonably have identified the medical provider’s negligence. There is another deadline in Washington law,“statute of restraint “statute of repose” which says that any claims, even when there’s a reasonable late discovery of the negligence, must be brought within 8 years of the negligence alleged.
How do I determine what if my doctor was negligent?
One of the toughest aspects for medical professionals is working out whether your physician did something wrong that amounts to negligence. The doctor’s mistakes don’t always have to be classified as malpractice. Doctors make judgement of their actions based on the evidence on hand. Sometimes it isn’t the right diagnosis, or the treatment doesn’t work. But that doesn’t mean there isn’t a problem so you should seek advice from an attorney for malpractice so that they can look over pertinent medical records. It is also common to employ a medical expert to determine if there was misconduct.
Do I know if anyone sued my doctor for medical malpractice previously?
You can look into the background of your doctor’s through a variety of ways. Examine any disciplinary proceedings through the Washington Medical Commission. In the next step, check your local National Practitioner Data Bank (NPDB) which lists medical malpractice settlements and verdicts for practitioners in the U.S. Another alternative, though not comprehensive one can do is search state court records.
Where should I file a claim for medical malpractice lawsuit?
You can only bring a lawsuit if an appropriate court has jurisdiction over the parties involved and the matter. You are able to file the suit in the state where the mistake took place. For instance, if the negligence occurred at the Seattle hospital, you could be able to sue 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. In other words, even after the lawyer files your medical malpractice lawsuit it will be possible to settle the case out of court. Menzer Law Firm’s medical-malpractice personal injury lawyer Seattle WA always prepare his cases to be tried in court, which increases the likelihood of settlement.
What happens if I learn about malpractice following the statute of limitations expired?
In Washington, you generally have three years from the date the medical malpractice happened to make a claim. However, in certain cases, you don’t find out you suffered from negligence a long time later. That’s the reason Washington utilizes“the “discovery policy.” Once you have discovered or would have discovered that your accident resulted from negligence, you have one year to file an action. This discovery rule has limits however. In Washington the law, you have an eight-year period from the time you discovered malpractice to file your claim.