In any healthcare setting, patients trust that medical professionals will prioritize their health and safety in everything they do. The healthcare industry is governed by a strict set of procedures to ensure that every provider approaches each patient with the care and attention they deserve in an effort to avoid and minimize potential risks or complications. With some medical procedures, such as surgery, some degree of risk is involved, but there are clear protocols in place to protect patient safety as much as possible. For instance, a surgical team will take a series of steps to sterilize the instruments, prep the patient, monitor the patient during the surgical procedure, and observe the patient as they wake up to ensure that things go smoothly. Should an issue arise at any point, the medical team is trained to respond swiftly and appropriately.
As a patient, it’s important to recognize that your medical journey does not end as soon as the procedure concludes; rather, the hospital or medical center is still in charge of your care until you are formally discharged. Failing to monitor a patient after surgery or a similar medical procedure can jeopardize the patient’s health and lead to further complications—some of which can be fatal. If you or a loved one has suffered an injury or adverse health condition because you were not monitored sufficiently after surgery, you may be entitled to recover compensation from the negligent party. Over the years, the dedicated legal professionals at Menzer Law Group have represented individuals and families who have been harmed at the hands of negligent medical providers. We are intentional about the cases we take on to ensure that we can focus our attention on cases where we believe we can make the most profound difference. We encourage you to schedule a complimentary case evaluation with us so that you can better understand your potential options. Let’s take a look at post-surgery monitoring malpractice claims in Washington state and the steps you can take to seek the compensation you need to support your recovery journey.
What Does Proper Patient Monitoring Involve in Washington State?
When a patient goes to the hospital or surgical center, this facility will have basic protocols in place to ensure that each patient receives proper treatment. For instance, the medical team should regularly check a patient’s vital signs (i.e., body temperature, blood pressure, pulse rate, and respiratory rate) to assess their current state and address any immediate issues. Healthcare workers should also go over the patient’s medications to ensure that any new treatments do not interfere with any of the current medications they are taking or lead to adverse health outcomes when administered. Within the context of surgery, there are several standards for monitoring the patient at every stage of the process, especially since most surgical patients will be under anesthesia during these events. Should any troublesome signs arise during the surgical procedure, such as excessive bleeding, significant drop in heart rate or blood pressure, or other issues, the medical team must take immediate action to respond to the complication to minimize potential harm to the patient. After the surgery is over, the patient should continue to be monitored for any symptoms that could indicate complications or surgical errors (i.e., leaving a surgical instrument behind, infections, excessive blood loss, etc.). When the patient is alert enough to communicate, it’s important to check in with them and ask them to describe how they are feeling. Reports of pain, brain fog, or other issues should be taken seriously and addressed as needed by the medical team.
Examples of Monitoring Failures That Could Lead to a Medical Negligence Claim
If a hospital fails to monitor a patient’s health, several severe consequences could occur. Discharging a patient too soon leaves the patient vulnerable to surgical complications, such as infection, excessive bleeding, or other risks. Patient neglect can happen for any number of reasons, but recent research has pointed to two primary factors: “The causes of patient neglect frequently relate to organizational factors (e.g. high workloads that constrain the behaviors of healthcare staff, burnout), and the relationship between carers and patients.” As a patient, it’s essential that you receive the sufficient monitoring services you need to support your recovery after surgery. Medical negligence after surgery may take many forms, such as missed signs of infection or internal bleeding, delayed identification or treatment of surgical complications, or patient abandonment by a negligent hospital team. A failure to address a surgical complication that any other similarly qualified medical professional would have addressed may entitle you to file a medical malpractice claim to recover the compensation you deserve.
How to File a Medical Malpractice Claim for a Hospital Error
If you consented to a surgical procedure and you were discharged from the hospital without sufficient monitoring beforehand, you could find yourself suffering additional complications that may even become life-threatening. For instance, if the hospital staff did not monitor your vitals after the surgical procedure, you may go home and feel dizzy, disoriented, or exhibit signs of a stroke because no one realized that your blood pressure and pulse rate were dangerously high after the surgery. As a result, you may require additional medical care for the stroke you suffered, due to the hospital’s failure to monitor you after the surgery. In addition to the physical toll of this health complication and the emotional stress accompanying this event, you may find yourself facing expensive medical bills, lost wages, and other unexpected costs that will need to be paid. Filing a medical malpractice claim can help you hold the negligent party responsible for their failures and recover you the compensation you need in the wake of this devastating event. To prepare a successful medical malpractice claim in the greater Seattle area, you will need to include four core elements, explored in some detail below.
You Were a Patient Seeking Medical Care
You will need to establish the existence of a doctor-patient relationship in order to move forward with a medical malpractice claim. Essentially, you will need to show that you were an official patient seeking medical care from a hospital or surgical center at the time the malpractice took place.
The Doctor Breached The Duty of Care Owed to You
In Washington state, a healthcare professional “owes the patient a duty to comply with the standard of care for one of the profession or class to which he or she belongs.” In other words, all healthcare professionals are expected to uphold the standard of care that any other similarly situated professional would. Failure to “exercise such skill, care, and learning constitutes a breach of the standard of care and is negligence” in Washington state. You and your experienced Seattle medical negligence attorney will need to present evidence showing that the doctor or healthcare worker violated the duty of care owed to you. It is required under Washington law that you present the testimony of a medical expert in the same specialty as the medical provider you are suing stating that the medical provider breached the applicable standard of care.
The Breach of the Standard of Care Caused Your Injuries
This element is the most critical component of a successful medical malpractice claim. You will need to provide clear evidence, including the testimony of a medical expert, that demonstrates a link between the provider’s breach of the standard of care and the injuries or adverse health conditions you suffered as a result. If you are interested in learning more about complications after surgery legal help that can support your medical malpractice claim, reach out to the highly qualified and caring legal team at Menzer Law Group today to get started.
You Are Entitled to Recover Compensation
The last part of a medical malpractice claim is showing that the harm you endured at the hands of a negligent medical professional is quantifiable in some way. For example, the medical bills, lost wages, physical therapy costs, and emotional toll of your surgical complications are due to the negligent party’s actions. Therefore, they are responsible for compensating you for the harm they caused. You can work with your experienced and trusted Seattle medical malpractice lawyer to negotiate a fair settlement offer that supports the costs of your recovery.
Who Can Be Held Liable for Medical Malpractice in Washington State?
Identifying the party whose negligence caused your injuries can be more challenging than it initially seems. You can work alongside your legal representative to determine whether to pursue a medical negligence claim against a surgeon, nurse, hospital worker, or medical institution to recover the compensation you need to support your recovery. Determining fault and establishing negligence on the part of a healthcare professional can be a complex endeavor, which is why hiring a skilled and knowledgeable attorney is highly recommended to maximize your chances of success. Let your caring and dedicated legal expert advocate on your behalf while you focus on what matters most—your physical, emotional, and mental recovery.
When you enlist the legal guidance of Seattle’s go-to medical malpractice law firm, Menzer Law Group, you can expect to be treated with the care, attention, and respect you deserve during this challenging time. Our commitment to excellence extends far beyond the courtroom—we will stand with you at every step of your legal journey to support and empower you at every opportunity. We are deliberately selective in the cases we take on, which allows us to devote our expertise and attention to the cases where we believe we can make the most lasting impact. Please reach out to our Seattle, Washington office today at (206) 903-1818 for a complimentary review of your claim.
