When we seek medical treatment, we trust that the professionals who take us into their care will seek to improve our conditions and prevent us from enduring further harm. Unfortunately, there are times when a medical provider, such as a nurse, hospital, or surgeon, acts negligently and subjects us to unnecessary or even egregious health complications. For instance, a surgical assistant may negligently leave a surgical instrument in the patient’s body, leading to severe complications like pain, infection, or internal injuries due to this foreign object being left behind so carelessly. In fact, some acts of medical negligence are so egregious or severe that they are referred to as “never events.” This term, first coined by the former CEO of the National Quality Forum, refers to “particularly shocking medical errors—such as wrong-site surgery—that should never occur.” Since the introduction of the term “never event,” it has expanded to include 29 serious reportable events that have been grouped into seven categories. Essentially, these errors are so egregious that they should not happen.
If you or a loved one has suffered significant harm at the hands of a negligent doctor, nurse, or other medical professional, you may be entitled to seek compensation from the at-fault party. In order to file a medical malpractice claim in Washington State, you will need to demonstrate that the healthcare provider’s negligence caused you injury or harm. At Menzer Law Group, we understand how devastated and overwhelmed you can feel after suffering an injury at the hands of a careless medical provider. That’s why we are committed to serving you with the care, compassion, and personalized attention that you need during this challenging time. We are intentionally selective in the cases we take on, which allows us to dedicate our expertise to the cases where we believe we can make the most significant impact. We encourage you to contact our Seattle office to arrange a complimentary case review so we can help you understand your legal rights and options. Let’s take a look at some of the top medical mistakes that should never happen and the steps that are typically part of medical negligence claims in Washington state.
Common Examples of Never Events in Healthcare
Licensed medical providers are expected to uphold what’s known as the “standard of care” in providing health care and treatment to their patients. Generally speaking, this means that they will approach each patient with reasonable care and attentiveness, seeking to resolve symptoms and avoid doing anything that could worsen the patient’s health condition. However, there are some clearly egregious mistakes that a medical professional can make that may constitute a so-called “never event” in healthcare. These errors are a “subset of patient safety incidents that are preventable and so serious that they should never happen.” Here are just a few examples of never events in healthcare that may entitle injured patients to take legal action against a negligent healthcare provider in Washington State.
Surgical Errors
Many surgical procedures carry some inherent risks, which the surgical team should go over with the patient before they give their consent to the surgery. During these procedures, however, never events can occur due to extreme negligence or carelessness. Examples of medical mistakes that should never happen during surgery include: “Surgery or other invasive procedure performed on the wrong site; surgery or other invasive procedure performed on the wrong patient; wrong surgical or other invasive procedure performed on the correct patient; and unintended retention of a foreign object in a patient after surgery or other invasive procedure.” If you or a loved one has suffered one of these serious mistakes, reach out to Seattle’s most trusted medical malpractice law firm to discuss your legal options.
Mistakes Involving Medication Errors
Another category of “never events” in hospital or healthcare settings concerns medication errors. When a patient is under the care of a medical provider, this professional must ensure that any prescribed medications will not trigger adverse reactions or subject the patient to further harm. Medication errors can present as “errors involving the wrong drug, wrong dose, wrong patient, wrong time, wrong rate, wrong preparation, or wrong route of administration.” Reach out to Menzer Law Group to learn more about medication errors and how you may be entitled to seek compensation for these inexcusable mistakes.
Errors With Contaminated Drugs, and Medical Products or Devices
Some never events stem from the use of “contaminated drugs, devices, or biologics provided by the healthcare setting” that cause patient harm or even death. Healthcare professionals must observe strict protocols for administering medicine and sterilizing instruments and medical devices to prevent infection or adverse reactions in patients. If you have reason to believe that you suffered such harm due to a negligent healthcare professional, you may be able to file a medical malpractice claim in order to recover the compensation you need.
Suing For a Major Medical Mistake in Washington State
“Never events committed by doctors, nurses and hospitals can cause significant harm to patients. Being subjected to a never event may lead to ongoing medical complications or permanent injuries, such as the loss of sensation or chronic pain or due to these egregious mistakes. It’s important to understand your patient rights after such a medical error so that you can identify the most strategic course of action that holds the at-fault party legally and financially responsible for their negligence. According to RCW 7.70.030, the injured plaintiff will need to establish one or more of the following to present a successful medical malpractice claim: “(1) That injury resulted from the failure of a health care provider to follow the accepted standard of care; (2) That a health care provider promised the patient or his or her representative that the injury suffered would not occur; (3) That injury resulted from health care to which the patient or his or her representative did not consent.”
In order to build a medical malpractice claim in Washington State based upon the health care provider failing to meet the standard of care, you will need to establish four primary elements.. Below is a general overview of these four components to help you get a better understanding of how to build a strong medical malpractice claim.
Establishing a Doctor-Patient Relationship
The first step in compiling a medical malpractice claim is showing that you were under the medical provider’s care as a patient at the time of the injury. For instance, you will need to show that the health care provider regarded you as their patient (e.g., you were enrolled as a patient in their database; you appear in the provider’s records as a patient; or they billed for their services). In other words, you and the provider both recognized the existence of a doctor-patient relationship at the time the incident occurred.
The Medical Provider Owed You a Duty of Care, But Breached It
Next, when you are a patient of the health care provider, the law provides that the provider owes you a duty of care. Doctors, hospitals, nurses, and other medical providers are held to professional “standards of care” in how they treat their patients. Breaches of these duties of care can lead to serious harm to patients. You can work with your knowledgeable and experienced medical malpractice legal advocate to help you gather evidence that establishes that the doctor entrusted with caring for you failed to carry out this duty of care. In most instances, you must have the testimony of qualified medical experts who can show how a similarly qualified medical professional would have acted under similar circumstances to illustrate the breach of the applicable standard of care by the defendant.
The Doctor’s Breach of Duty Caused You Harm
One of the more challenging elements of a medical malpractice claim can be establishing a strong connection between the provider’s breach of duty and the injuries you suffered as a result. You will likely need to present strong expert opinion testimony to demonstrate that the defendant’s negligent actions directly caused you injuries to your health and well-being. Depending on the specifics of your case, you may also need to gather additional evidence, such as medical records attesting to the nature and severity of the injuries you suffered at the hands of a negligent medical provider. And you may need to call on additional expert witnesses to attest to the severity or permanence of the adverse mental and physical injuries you experienced due to the medical error.
The Injuries You Suffered Entitle You to Compensation
The final step of compiling and presenting a medical malpractice claim in Washington State is establishing that the injuries entitle you to compensation from the at-fault party. For instance, you can present your medical bills, lost wages, and future medical needs to show the financial toll of this “never event.” Additionally, you may be entitled to recover non-economic damages, such as those for physical and emotional pain and suffering, scars and disfigurements, loss of enjoyment of life, and other subjective losses you suffered and will continue to suffer due to a negligent healthcare provider. If you are interested in learning more about your options for seeking compensation following a medical error in King or Pierce County, reach out to Menzer Law Group at your convenience to get started.
At Menzer Law Group, our clients are so much more than a case file or number. When you enlist our services, you can be assured that we will treat you with the attention, care, and empathy you deserve during this challenging time. We are deliberately selective in the cases we take on, which allows us to channel our focus and efforts where we believe we can have the most profound and lasting impact. If you need help exploring your options for filing a medical malpractice or personal injury claim in the greater Seattle area, please contact our office at (206) 903-1818 for a complimentary case evaluation.
