Medical Malpractice In WashingtonIn this article, you will learn…
- What evidence you need for a medical malpractice case.
- Who the claim is brought against in medical malpractice cases.
- What happens if you sign a medical consent form.
What Is Medical Malpractice?
Medical malpractice is a negligence claim that arises when a healthcare provider’s care falls below the standard of care of a medical professional knowing what that provider knew at the time. It is the definition of negligence in the healthcare setting and must be proven through expert evidence and testimony. This becomes difficult as it requires a doctor willing to testify that another doctor was negligent. People trust and respect doctors, so jurors, who are not doctors sometimes have a hard time holding doctors that they respect accountable.
It is imperative to have a lot of proof on your side. Medical malpractice cases are extremely expensive to prove, so the damages in your case have to be enough to cover those costs. It is not uncommon for costs advanced to prosecute a medical malpractice case to run in the hundreds of thousands of dollars.
Who Is The Claim Brought Against In Medical Malpractice Cases?
Who the claim is brought against in medical malpractice cases depends on the procedure or incident that led to the claim.
A claim can be brought against a hospital or a healthcare system like Kaiser Permanente, where the doctors are employees of the healthcare system. Healthcare professionals can be employees or independent contractors, which would affect the claim, but can be difficult to know at first.
Claims can also happen in nursing homes and other facilities. If the injury happens in a large medical system, it is more likely that the doctor is an employee of that system.
What Evidence Will Help A Medical Malpractice Case?
Medical malpractice cases are made from the medical records. The following can be beneficial to your case:
- Notes of your medical visits
- The testimony of others that were there and those that interacted with the doctors
- Statements from the healthcare providers as to what really happened
Without proper documentation and evidence, you do not have a case.
If You Signed A Medical Consent Form, Can You Still File For Medical Malpractice?
If you signed a medical consent form, you may still be able to file for medical malpractice. Medical consent forms are supposed to help inform you of the known risks of the procedure. However, these forms to do excuse the negligent of the healthcare provider.
For example, you may suffer an injury if you have to be intubated during surgery. When the tube is inserted down your throat, it can injure your esophagus, which is a known risk of the procedure. But if that injury happens and they somehow don't figure out that you suffered an injury that's a known risk, then you have a lawsuit.
Every medical malpractice case would need to be evaluated on its own merit. You can't look at them like you would in an auto collision case where one car drove into the back of the other car, so liability is clear.
You have to obtain all the records, take the time and expense to look at them, and come to the determination of whether it is a case you can win. It's an art; medicine is complicated and so is the law. You could put 20 lawyers who handle medical malpractice in a room with the same set of facts and you can get 20 different results.
What Kind Of Damages Have You Handled Before In A Medical Malpractice Claim?
Many of the medical malpractice claims our firm has encountered have dealt with death, paralysis, permanent scarring, and painful, lifelong debilitating conditions. We have also taken on birth injury cases where a baby is severely brain injured for life during birth. Some cases have involved broken bones from patients being dropped or tripped. In others, clients were not diagnosed with cancer in time, leading to horrible treatment and death.
With the guidance of a skilled attorney for Medical Malpractice Law Cases, you can have the peace of mind that comes with knowing that we’ll make it look easy.
For more information on Medical Malpractice Law in Washington, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (206) 900-9342 today.