Professionals throughout the medical field are expected to support the health and well being of their patients as much as possible. Healthcare providers owe what’s known as a duty of care to the patients under their care, which means that they must use “the degree of care and skill of the average healthcare provider with a similar specialty practice.” For example, a heart surgeon must treat the patient the same way that a similarly skilled heart surgeon would under the same set of circumstances. When a healthcare professional fails to uphold the duty of care owed to a patient under their care, and this failure subjects the patient to further harm or health complications, the patient may file a medical malpractice claim against the provider for the breach of their duty of care. Depending on the specifics of the case, the plaintiff may be able to recover compensation to assist with the costs and emotional damage resulting from the physician’s failure to uphold the duty of care.
Coping with an unexpected injury or health complication at the hands of a negligent medical provider can be overwhelming, disorienting, and devastating. With hospitals and medical centers typically involving many different healthcare professionals, it can be challenging to figure out which party can be held legally responsible for the harm you suffered. When you enlist the guidance of a highly qualified and caring Seattle medical malpractice legal advocate, you can review your options for pursuing and recovering the compensation you need to start putting your life back together. At Menzer Law Group, our team of knowledgeable and compassionate medical malpractice attorneys is ready to help you review your claim and determine the best path forward to redress the harm done to you. We are deliberately selective in the cases we choose to represent so that we can devote our attention and resources to those cases we believe we can have the most profound and lasting impact. We can help you file a malpractice case with multiple defendants and understand the medical malpractice responsibility breakdown to identify the at-fault party. Let’s take a look at who can be sued for medical malpractice in Washington state and why partnering with a top Seattle medical malpractice law firm is highly recommended to maximize your chances of recovering the compensation you deserve.
Who Can Be Sued For Medical Malpractice in Washington State?
Medical malpractice claims can be filed against a number of defendants throughout the healthcare sector. Nurses, medical staff, surgeons, and doctors can all be named in a medical malpractice suit, as can hospitals, clinics, and urgent care centers. Below are some of the most common defendants that tend to be named in medical malpractice lawsuits to give you an idea of how these claims typically proceed in Washington state.
Medical Malpractice Claims Against Physicians and Surgeons
Physicians and surgeons owe their patients a standard of care. Failing to uphold this duty of care can lead to costly and painful mistakes, causing their patients injuries, harm, or chronic health conditions that require additional treatment or therapy. Surgeons and doctors can make many kinds of mistakes or negligent oversights when treating patients, a few of which are explored below.
Diagnostic Errors
When a doctor or surgeon fails to diagnose (or incorrectly diagnoses) a patient, this mistake can lead to inappropriate or harmful treatments. For example, failing to diagnose cancer can prevent the patient from receiving the treatment they need to slow the progression of the disease, leading to further harm and worse patient outcomes. Common causes of misdiagnosis or delayed diagnosis include overlooked symptoms, failure to order appropriate tests, misinterpretation of test results, inadequate patient examination, or poor communication with the patient.
Surgical Mistakes
Surgery carries some inherent risks, but patients trust these medical professionals to uphold their duty of care at all points before, during, and after the procedure. Surgical errors can drastically impact patients’ lives, causing significant and lasting harm. Performing surgery on the wrong area of the body, leaving surgical tools behind in the patient’s body, subjecting the patient to unnecessary procedures, making egregious surgical errors during the procedure, or failing to recognize surgical complications can all be serious failures in medical care that jeopardize the health and life of patients.
Treatment Decisions
When a surgeon or physician evaluates a patient, they must arrive at a treatment decision that is evidence-based and appropriate for the patient’s symptoms and health history. Failing to thoroughly assess the patient’s history or neglecting to order appropriate diagnostic tests before treating the patient can subject the patient to unnecessary risks, injuries, or suffering.
Suing Nurses For Medical Negligence in Washington State
Nurses and medical staff play vital roles in patient care. Mistakes, oversights, or acts of negligence on the part of nursing staff can lead to worse health outcomes or patient injuries. Here are just a few of the ways that nurses and medical staff can fail to uphold the duty of care owed to their patients.
Monitoring Failures
Patients in the hospital or under medical supervision need to be monitored to make sure that any issues are addressed quickly and effectively. If a nurse fails to monitor a patient’s heart or vital signs regularly, the patient may experience a cardiac event that jeopardizes their health (and, in some cases, their life). Or, if a nurse discharged you from the hospital without properly monitoring you and clearing you to leave, you could suffer adverse health complications at home.
Medication Errors
Medications need to be appropriately prescribed to patients after fully understanding the patient’s medical history and list of current medications. Errors in prescribing, dispensing, or administering medications can harm the patient in a number of ways, from triggering life-threatening allergies to causing adverse side effects due to harmful interactions with other medications.
Documentation Mistakes
Hospital staff and nurses are obligated to meticulously document the patient’s medications, vitals, and other key information to ensure that the patient receives appropriate and timely care. When a nurse fails to document a medication dose or the most recent blood pressure reading, another healthcare worker may treat the patient in such a way that subjects them to further harm or dangerous outcomes.
Understanding Hospital Liability Medical Malpractice Claims
Hospitals, medical facilities, clinics, urgent care centers, and other outpatient providers can also be held liable for medical malpractice in Washington state. For instance, hospitals can be held accountable for insufficient staffing policies that deny patients the duty of care they deserve. Clinics or medical centers that fail to properly and safely maintain medical equipment may also be named in a medical malpractice lawsuit if the poorly maintained equipment harms the patient. Since many of these medical centers are protected by large insurance carriers, the prospect of filing a medical malpractice claim can be intimidating and stressful. When you seek experienced and effective legal guidance from one of Seattle’s most trusted medical malpractice law firms, you can discuss the specifics of your case and identify the most strategic course of action that maximizes your chances of securing the compensation you need and deserve.
When Multiple Defendants Are Named in a Seattle Medical Malpractice Claim
Some cases of medical malpractice involve one defendant, such as a surgeon who made an egregious error during an operation and subjected the patient to severe harm and adverse health complications, as long as the surgeon was employed as an independent contractor at the time of the incident. It’s also possible for a medical malpractice claim to involve more than one defendant, such as an individual nurse who was an employee of the hospital at the time of the medical negligence. In this instance, the facility that employed the nurse would be vicariously liable for the actions of the employee, so both parties could be named as defendants in the medical malpractice claim. It’s also possible for a third party, such as a drug manufacturer or pharmacy, to be named in a medical malpractice lawsuit. Under Washington’s several liability system (RCW 4.22.070), each plaintiff is generally liable only for their specific percentage of fault. For example, if a nurse is found to be 60 percent responsible for the patient’s injuries and the hospital is 40 percent at-fault, each party is only responsible for covering that percentage of the damages. To learn more about the medical malpractice responsibility breakdown in Washington state, reach out to Menzer Law Group to arrange a complimentary case review.
Learn More About Medical Malpractice Claims Today
Suffering harm at the hands of a trusted medical professional can be devastating. At Menzer Law Group, our team of highly experienced and dedicated medical malpractice attorneys is ready to help you evaluate your claim and identify the most strategic course of action to redress the harm done to you. We are intentionally selective in the cases we choose to take on, which allows us to channel our expertise and resources where we believe we can have the most meaningful and lasting impact. Please reach out to our Seattle, Washington office today at (206) 903-1818 to arrange a complementary review of our claim.
