Medical care is meant to heal and improve our lives, but when healthcare professionals make mistakes, those mistakes can have devastating consequences. Patients trust doctors, nurses, and hospitals to provide competent care, but errors in diagnosis, treatment, or surgery can lead to severe personal injuries or even death.
If you or a loved one has suffered due to medical negligence, a Seattle medical malpractice lawyer can be invaluable in protecting your legal rights and helping you seek the fair compensation you need and deserve.
What is Medical Malpractice
When a healthcare professional fails to provide the standard of care expected in their field, resulting in harm to a patient, it’s referred to as medical malpractice. Not every bad outcome qualifies as malpractice, but if a doctor or other medical professional acts negligently and causes you injury, you may have a legal claim.
The National Library of Medicine has reported that as many as 400,000 hospitalized patients experience some form of preventable harm every year.
To prove malpractice, four key elements must be established:
- Duty of Care – The healthcare professional had a legal responsibility to provide a commonly accepted level of competent medical care.
- Breach of Duty – They failed to meet that accepted standard of care.
- Causation – Their actions or negligence directly caused you harm.
- Damages – You suffered physical, emotional, or financial harm as a direct result.
A Seattle medical malpractice lawyer can analyze medical history, partner with expert witnesses, and build a strong case to prove that you suffered negligence.
Common Types of Medical Malpractice
You can suffer medical malpractice in a number of ways. Some of the most common cases involve:
Misdiagnosis or Delayed Diagnosis
Misdiagnosing or failing to diagnose a serious condition can prevent you from receiving the treatment you need. Life-threatening conditions like cancer, heart disease, or infections can worsen if left untreated because of an incorrect or delayed diagnosis.
In these cases, a doctor may be held liable for failing to recognize symptoms or order necessary tests.
Surgical Errors
Mistakes that are made during surgery can also have life-threatening consequences. Some of the most common surgical errors include:
- Operating on the wrong body part
- Leaving surgical instruments inside a patient
- Anesthesia errors that cause brain damage or death
- Performing unnecessary surgery
According to another report by The National Library of Medicine (NLM), at least 4,000 surgical errors happen in the US every year, and operating on the wrong body part is a common type of error.
Even minor mistakes in the operating room can lead to serious complications, infections, or permanent injuries and disabilities.
Medication Errors
Patients rely on doctors and pharmacists to prescribe and dispense the correct medications. Errors can occur when:
- The wrong medication is prescribed
- The incorrect dosage is given
- A dangerous drug interaction is overlooked
Medication mistakes can lead to severe allergic reactions, organ damage, or the worsening of a patient’s condition.
Birth Injuries
Negligence during pregnancy, labor, or delivery can cause lifelong disabilities for newborns. Serious birth injuries like cerebral palsy, nerve damage, or brain injuries may result from improper use of forceps, delayed C-sections, or failure to monitor fetal distress.
If you’re a parent who suspects that medical negligence happened during your child’s birth, you may have grounds for a malpractice claim.
Hospital Negligence and Infections
Hospitals have a responsibility to maintain a safe and sanitary environment. If a hospital fails to prevent infections, properly train staff, or respond to emergencies, they can be held responsible for the resulting harm.
Patients who contract serious infections due to poor hygiene or inadequate medical care may have a case against the facility.
Schedule a Free Consultation With a Seattle Medical Malpractice Attorney
How a Seattle Medical Malpractice Lawyer Can Help
Medical malpractice cases are complex, requiring extensive investigation and expert testimony. A medical negligence attorney in Seattle can assist by:
- Reviewing medical records to identify errors or negligence
- Consulting medical experts to provide professional opinions
- Negotiating on your behalf with insurance companies to reach a fair settlement
- Filing a lawsuit if a settlement is not possible
- Presenting evidence in court to fight for full compensation
Because hospitals and insurance companies often have strong legal teams defending them, working with an experienced medical malpractice attorney can greatly increase your chances of a successful outcome.
Compensation in Medical Malpractice Cases
If you’re a victim of medical malpractice, you may be entitled to financial compensation for a variety of damages, including:
- Medical expenses for corrective treatments, surgeries, or rehabilitation
- Lost wages if the injury prevents the patient from working
- Pain and suffering from physical pain and emotional distress
- Loss of future earning capacity if the injury results in long-term disability
- Damages for wrongful death if you’ve lost a loved one due to medical negligence
The type and amount of compensation will vary depending on the severity of your injury, the impact on your life, and the level of negligence involved. Your attorney will assess the full value of a claim and pursue the maximum compensation possible.
Washington State Laws on Medical Malpractice
Medical malpractice claims in Washington must comply with specific legal requirements.
Statute of Limitations
Here in Washington, a medical malpractice claim must be filed within three years of the date the negligence occurred or within one year of when you discovered (or should have discovered) the malpractice.
If your claim isn’t filed within this time frame, you could lose the right to seek compensation.
Comparative Negligence Rule
Washington follows a comparative negligence rule, meaning that if a patient is partially responsible for their injury, their compensation may be reduced. For example, if a jury finds a patient 20% responsible for their harm, their compensation would be reduced by 20%.
Expert Testimony Requirement
Medical malpractice cases are required to include expert testimony to prove that the healthcare provider’s negligence caused harm. This means a qualified medical professional must review your case and provide their opinion on whether or not the standard of care was breached.
Without expert support, your case might not be successful.
Steps To Take If You Suspect Medical Malpractice
If you suspect that you or a loved one has suffered medical negligence, taking immediate action is important to help strengthen your case.
- Seek medical attention from another healthcare provider for any ongoing health concerns.
- Ask for a copy of all of your medical records that document the treatment you’ve received.
- Keep a written record of your injury and treatment, including dates, symptoms, how your injury has affected you on a day-to-day basis, and any conversations with healthcare providers.
- Avoid signing any settlement offers from the hospital or insurance company before speaking with a lawyer.
Taking these steps ensures that evidence is preserved and legal action can move forward.
Why Legal Representation Matters
Hospitals, doctors, and insurance companies often try to avoid liability in malpractice cases.
They may argue that the injury was a known risk, blame the patient, or offer a low settlement to avoid going to court. A medical malpractice attorney will level the playing field by advocating on your behalf and ensuring that you get the compensation you deserve.
By handling all legal aspects of the case, negotiating with insurers, and presenting strong evidence, an experienced lawyer significantly improves your chances of a successful outcome. If you’re dealing with serious injuries, having legal support also frees you up to focus on your recovery.
At the Law Offices of Justin R. Boland, PLLC, we understand that being a victim of medical malpractice can be traumatic and have devastating consequences, but it’s important to remember that you have legal rights.
If you or a loved one has suffered due to a doctor’s mistake, surgical error, or hospital negligence, our experienced medical malpractice lawyers will help you navigate the legal process, hold negligent healthcare providers accountable, and secure the financial support you need for your recovery.
Contact us today for a free consultation.
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