When we visit healthcare professionals, we trust that they will act according to our best interests and keep us safe from further harm. Although most doctors, nurses, and healthcare professionals treat their patients with the utmost care and professionalism, errors and lapses in judgment—however minor–can happen at any time. Unfortunately, even seemingly innocuous mistakes or oversights can cause significant harm to a patient, exacerbating existing health issues or even resulting in new injuries or long-term health complications. If you or a loved one has suffered harm because of a negligent medical professional, you may be entitled to recover compensation to account for the injuries and trauma stemming from this incident.
In Washington state, victims of medical malpractice have the right to file a civil lawsuit against the at-fault party. While the law does not require individuals to hire an attorney in order to pursue legal action, doing so is highly recommended to ensure that you maximize your chances of obtaining a fair and favorable outcome. It’s also worth noting that your medical malpractice case must move through the mediation process before proceeding to trial, and your knowledgeable and caring Seattle medical malpractice attorney can help you prepare for and navigate every step of this process. Whether you reach a settlement through mediation or the case proceeds to litigation, you can trust that your experienced medical malpractice lawyer will remain by your side to answer your questions, address your concerns, and support you at every opportunity.
As you explore your legal options in the Seattle area, we encourage you to schedule a complimentary case review with a member of our dedicated legal team. At Menzer Law, we are committed to providing thorough and impactful legal representation to the clients we take on. Since we are selective in the cases we represent, we are able to focus our resources where we can have the most measurable impact. This post will explore how medical malpractice lawsuits typically unfold in Washington state and how enlisting the guidance of a dedicated medical malpractice attorney can provide you with the negotiation strategies necessary for securing an equitable outcome.
Medical Malpractice Cases in Washington State
When healthcare providers receive their professional training and obtain their licenses, they take an oath to “do no harm” to their patients. However, when a medical professional fails to uphold the standard of care owed to their patients, and this failure results in serious injury or death, this failure may be considered an act of medical malpractice. The term “standard of care” refers to a medical professional’s obligation to exercise the degree of care, skill, and learning expected of a reasonably prudent healthcare provider acting in the same or similar circumstances. In other words, your neurologist should act as a reasonably prudent neurologist in Washington would under the same set of circumstances when treating you. Moreover, every medical professional must obtain your informed consent before they act (except in rare emergency situations). Failing to provide you with all the material facts of your medical care before administering a treatment or medical procedure is considered a form of medical malpractice, as the provider did not secure your informed consent before treating you. Essentially, any failure on the part of a doctor, nurse, or healthcare worker to obtain your informed consent or uphold the standard of care may constitute grounds for taking legal action for any injuries or adverse health outcomes associated with those failures.
Examples of Medical Malpractice Lawsuits in Washington
Medical malpractice assumes many forms. Generally speaking, any lapses in judgment or failures to uphold the standard of care may constitute medical malpractice under Washington state law. Below are some of the most common types of medical malpractice cases filed by injured parties seeking compensation from those responsible for their injuries or long-term health complications.
Failure to Diagnose or Misdiagnosis
We trust that medical professionals know how to interpret test results accurately. However, when a physician or healthcare professional fails to diagnose a medical condition or injury, you may not receive the treatment you need until it’s too late. For example, a doctor’s failure to diagnose a cancerous growth may lead to delayed treatment. Or, a doctor may not order the appropriate tests when you describe your symptoms, leading to a delayed diagnosis or a missed opportunity to diagnose a serious condition. In some cases, a misdiagnosis can lead to a patient receiving ineffective or even harmful treatments while their underlying condition worsens without the appropriate treatments and interventions. If you’re interested in learning more about how to file a medical misdiagnosis lawsuit in the greater Seattle area, reach out to a trusted and experienced medical malpractice law firm to review the details of your case.
Medication Errors
When a doctor or medical professional prescribes a medication, they must take into account the patient’s medical history and weigh the benefits of the medication against the potential side effects. However, errors made during the prescribing process, at the pharmacy, or at any point along this journey may lead to a patient suffering an injury or adverse reaction because of medical negligence. For instance, a nurse may administer the incorrect drug during your hospital stay, contributing to medical complications during a surgery or procedure. Or, a pharmacist could dispense an incorrect medication that interferes with another medication the patient is already taking, leading to further harm. It’s best to have a dedicated and experienced medical malpractice legal professional review the details of your case as you explore your legal options.
Surgery Errors
Undergoing surgery is not without its risks. However, surgeons and other medical workers assisting during the procedure are obligated to uphold the standard of care owed to every patient they serve. Careless mistakes made during any phase of the surgical process can trigger complex and even life-threatening conditions, leaving the patient with further harm and complications that may require ongoing medical care. If you have been injured by a surgeon or a healthcare professional who failed to uphold the standard of care owed to you, a highly qualified and empathetic medical malpractice lawsuit attorney can help you explore the legal remedies available to you.
How to File a Medical Malpractice Lawsuit
Depending on the specifics of your medical malpractice case, you may be entitled to recover compensation that accounts for the harm and damages you have suffered. For example, you may be able to recover compensation for your past and future medical bills, the past and future lost wages you suffered, emotional distress, and any pain and suffering you experienced at the hands of a negligent medical professional or hospital worker. Unfortunately, medical malpractice claims can be challenging to prepare, as insurers, hospitals, and healthcare companies will work hard to deny any wrongdoing in order to avoid paying you the compensation you may very well deserve. With a highly skilled and caring medical malpractice lawsuit lawyer by your side, you can identify and compile clear and convincing evidence to support your claim. Your attorney will work closely with you to maximize your chances of recovering a fair and favorable settlement so you can move forward with the financial support you need during this challenging time.
Washington Requires Mediation Before Moving to Trial
When you file a medical malpractice claim, you may assume that the matter will move directly to court. However, Washington state law requires that the parties participate in a form of alternative dispute resolution (ADR) known as mediation before the matter can be moved to trial. Mediation offers several advantages to trial, as it encourages the disputing parties to work collaboratively to reach a mutually agreeable solution. In many cases, mediation allows for quicker resolution (as the parties are not dependent on the court’s schedule), cost savings, and the preservation of goodwill between the parties. During mediation, the parties will negotiate the terms of the settlement with the guidance of a neutral third party, called the mediator. Unlike a judge and jury, the mediator does not take sides or determine the final outcome; rather, the mediator facilitates the negotiations and helps the parties work through disagreements as they arise. While most medical malpractice cases settle prior to, during, or after mediation, there are some cases that may need to move to trial in order to reach a resolution.
Advocating For Your Best Interests at Every Opportunity
Although mediation offers several advantages to taking the matter to trial, a civil trial is sometimes the best (and only) option for resolving a medical malpractice case. Mediation does not work for every case, and power imbalances can impede open and honest communication between the plaintiff and the larger healthcare company or insurance entity. No matter what the specific details of your medical malpractice case may be, you can trust that enlisting the guidance of a highly qualified and empathetic Seattle medical malpractice legal advocate will maximize your chances of securing a fair and favorable outcome. Hiring a knowledgeable medical malpractice lawyer is important in supporting clients through mediation, providing legal expertise and negotiation skills, and offering thorough preparation for every step of the legal process.
Menzer Law has specialized in medical malpractice cases for over three decades. Our dedicated team is highly skilled at managing the complexities of healthcare-related negligence and is ready to support you in pursuing a claim or lawsuit to secure the compensation you deserve. We are selective in our cases so that we can channel our resources where we believe we can make the most significant impact. Please call our Seattle office today at (206) 903-1818 to arrange a complimentary case evaluation.