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Medical Malpractice Attorney

When you visit a doctor or other medical professional, you expect to receive expert care that meets basic health industry standards. If you have not received proper care that has resulted in a serious medical issue, you are entitled to pursue a medical malpractice lawsuit in the state of Washington.

Advocates for Victims of Medical Malpractice

It can be intimidating to go up against medical professionals or large healthcare systems. You need to know that you are not alone. Individuals who suffer an injury due to poor-quality medical care or negligence at the hands of a physician, doctor, nurse or other healthcare personnel are understandably shocked and devastated.

Our experienced injury attorneys have a network of medical specialists to help analyze your case to determine exactly how you were improperly treated. We have extensive knowledge of the issues that warrant a valid medical malpractice case including how to handle the responsible party and their insurance carriers.

Video Transcript: Medical Malpractice Attorneys

ATTORNEY ASHTON DENNIS: There is no simple, there is no easy, there is no straightforward medical malpractice case. That’s because it’s medicine. Doctors go to school for decades to learn the medicine and you have to spend the time. You have to know the records. You have to know the experts. You have to expend the resources necessary to prosecute them. 

 

Our firm holds one of the one of the highest verdicts in Washington. As it relates to malpractice. That case went all the way up to the Supreme Court, [and] took nearly a decade to prosecute. It was 16.7 million dollars after the insurance company offered nothing, absolutely nothing, for our client who suffered insurmountable loss. We took it to trial, went through the appeal and did everything necessary to secure a judgment. If you or a loved one suffered malpractice or you believe they suffered malpractice and you need to talk to somebody, please give us a call. We’d be happy to talk to you about your case.

Washington Law Center understands the complexities associated with medical malpractice claims and we are ready to fight for you!

We offer a free, no-obligation case consultation to individuals seeking answers from an attorney about a medical malpractice lawsuit. If you or a loved one has suffered physical or emotional injuries due to improper medical care, contact us today.

Video Transcript: What Is Medical Malpractice in Washington State?

Medical malpractice occurs when a patient suffers damages because their health care provider failed, under the circumstances involved, to exercise that degree of care, skill, and learning expected of a reasonably prudent health care provider having the same level of training and licensure.

Please understand that medical providers with different levels of licensure will potentially be held to different standards of care. For example, a midwife and an OBGYN may be held to different standards because one is understood to have far more capability, responsibility, and therefore culpability than the other. People practicing in different locations, for example, small rural hospitals with relatively few higher technologies and supportive specialty services versus large urban hospitals, may be held to different standards.

We obviously cannot expect the same level and quality of care from a small country hospital following an MVA or other traumatic occurrence as we would expect to receive from Harborview, a level-one trauma center. Ultimately, medical malpractice cases are highly factored and location-dependent. Our Washington Law Center attorneys can help you determine if you’ve suffered a medical malpractice case that is worthy of filing a lawsuit.

Please call Washington Law Center today.

Free Case Review for Medical Malpractice Victims

FAQ

Washington Medical Malpractice Attorney FAQs

FAQ - Personal Injury Attorneys near me - Washington Law Center

What defines medical malpractice?

While it is human nature to view a medical diagnosis and treatment as an exact science, the art of medicine and healthcare is decidedly imperfect. Unfortunately, medical errors occur often for many different reasons involving incompetence, distraction, inadequate procedures, substance impairment, defective medical equipment, etc.

Some examples of situations that resulted in medical malpractice lawsuits include:

  • Misdiagnosis or delayed diagnosis (cancer, heart attack, stroke, deep vein thrombosis)
  • Birth injuries (Cerebral palsy, Erb’s palsy)
  • Medication errors (incorrect dosage or improper administration of a drug)
  • Surgical errors (wrong site, wrong patient, wrong procedure, puncturing organs)
  • Anesthesia errors (overdose, lack of monitoring, allergies, defective equipment, improper intubation)

How common is medical malpractice in Washington?

Because many people view medicine as an esteemed profession, patients tend to assume mistakes by medical professionals are extremely rare. However, a staggering number of people are harmed by healthcare professionals daily.

A look at medical malpractice statistics provide a somewhat alarming picture:

  • Preventable medical errors claim the lives of approximately 440,000 people annually. To put this number in context, medical malpractice by medical providers causes in excess of 13 times more deaths annually than motor vehicle accidents. [Journal of Patient Safety]
  • One third of all patients admitted into hospitals are the victim of a medical error or omission. [Health Affairs]
  • Wrong site, wrong procedure or wrong patient errors (also referred to as “never events” because they should never occur) happen as often as 40 times per week in U.S. hospitals. [WebMD]
  • Healthcare associated infections (infections acquired in a medical setting like a hospital) impact 772,000 people annually and cause 75,000 deaths. [Centers for Disease Control and Prevention]

Why should I hire a medical malpractice attorney instead of doing this on my own?

While an experienced personal injury attorney is necessary to effectively pursue any type of personal injury claim, this is especially true for medical malpractice cases. Law firms who specialize in medical malpractice lawsuits work closely with a broad network of medical experts to analyze medical records, establish the applicable standard of care, identify differences from the standard level of care, and present medical evidence in court.

In most states, you cannot even file a lawsuit for medical malpractice without your case being evaluated by a medical expert. A Washington law firm with experience representing patients and winning medical malpractice cases will have the financial resources to effectively litigate your case.

What are common types of medical malpractice? (Video)

Video Transcript:

At Washington Law Center, our experienced medical malpractice attorneys will generally classify medical malpractice cases by type in order to then best organize our communications and trial strategies when presenting our clients’ cases in court.

The major types of medical malpractice claims, in no particular order, are as follows: failure to diagnose, making an incorrect diagnosis, failure to take a proper history, disregard of reported patient symptoms, failure to order proper tests, imagery, or diagnostic studies, or to employ diagnostic methods appropriate to the clinical circumstances, failure to coordinate transfer of patient care to higher-level providers, ignoring or misreading laboratory results, ignoring or misreading collateral medical history notes, performing unnecessary surgery, performing wrong-site surgery, prescribing or administering incorrect medications or incorrect dosages, poor or nonexistent follow-up care, and lacking coordination between medical providers, premature discharge from a hospital or nursing home, non-admission to a hospital despite the existence of a medical emergency.

If you believe you have suffered any of these generally described types of medical malpractice claims, please call the experienced malpractice attorneys of Washington Law Center for a free consultation about your rights and the remedies that may now be available to you.

Who may be sued for medical malpractice? (Video)

Video Transcript:

Pursuant to RCW 7.70.020, a person licensed to provide healthcare or related services, an employee or agent of such a licensed person, and/or an entity such as a corporation employing such persons may be sued for medical malpractice.

In other words, a plaintiff in Washington can sue a nurse, a midwife, a nurse practitioner, a physician’s assistant, a doctor, or any other person involved in the provision of medical care services should medical malpractice result.

In the alternative or in addition to individual practitioners, there will be times when a hospital, clinic, nursing home, or other healthcare facility will be sued.

The choice of whom to sue, for what reasons, and in what amounts is an important point of discussion between the victim of medical malpractice and their attorneys.

Different types of lawsuit strategies will have different potentials that you will want to review with an experienced malpractice attorney.

If you have questions regarding a potential medical malpractice circumstance that occurred in Washington state, please call the experienced attorneys of Washington Law Center today.

What is the Burden of Proof for a Washington Medical Malpractice Case? (Video)

Video Transcript:

Pursuant to RCW 7.70.030, the plaintiff must prove that damages from an injury resulted from the failure of the healthcare provider to follow the accepted standard of care, that the provider promised the patient they would not suffer the injury that they did, or that the injury resulted from provision of healthcare for which the patient or their representative did not consent.

Medical negligence is medical malpractice. If a plaintiff sues under a medical negligence theory, they must prove each of four elements in order to prevail.

The plaintiff must prove these elements on a more probable than not basis once all conflicting evidence has been weighed. The four elements are Duty, breach, causation, and damages. In other words, the medical provider had a duty to adhere to a known standard of care, the medical provider breached that duty, the breach of that duty then caused the plaintiff damages that could not be mitigated. Alternatively, a plaintiff may sue based upon a lack of informed consent.

Under this theory, it is not necessary to show that the medical provider breached the applicable standard of care; it is only necessary to show that if the plaintiff had been provided full information, they would not have consented because they would have chosen an alternative medical course, perhaps even including non-treatment.

If you have questions about whether to file a medical malpractice case versus an informed consent case or any other inquiry related to medical malpractice in general, please consult the experienced attorneys of Washington Law Center.

What is the legal process for presenting a medical malpractice case? (Video)

Video Transcript:

At Washington Law Center, we begin each medical malpractice case by conducting a new client interview. We want to know as much as our client can tell us about what happened to them to cause them damages during the course of their medical treatment or non-treatment.

Once we understand the general parameters of a case from our client’s perspective, we will then obtain the available medical records, which one of our attorneys will review.

Once the attorney is familiar with the medical documentation, a decision will be made as to whether to spend the money necessary for a medical expert consultant to conduct a further analysis.

Typically, this costs a few to several thousand. If after both an attorney review and a medical expert review, we decide the case has viable merit and a reasonable probability of success, including sufficient damages available to make the case worth both our clients’ and our own time to prosecute, we will then set a case strategy specific to the particular matter involved.

Often this involves sending a written summary of the case to defense counsel, making a demand if the defendants do not engage in settlement negotiations in earnest once they’ve had an opportunity to digest our medical malpractice and/or informed consent allegations contained within our demand correspondence, we will then file and serve a lawsuit.

This will preserve our client’s statute of limitations and also allow us to begin our pre-trial discovery, motion practice, and other trial preparation activities in earnest.

Once both sides in a lawsuit have had a reasonable opportunity to discover the applicable facts and develop their own positions, our Washington courts generally require that the parties engage in some form of alternative dispute resolution such as mediation or arbitration.

If we attend mediation or arbitration and the defendant refuses to negotiate in good faith or the defendant declines to pay our bottom dollar demand, we will then proceed to trial.

At Washington Law Center, we’re certainly not afraid of jury trials or appeals to the higher courts. We have earned our reputation for success, which you can also review by browsing our results page.

Although every case has different facts and will be decided differently by a judge or jury, if you have questions about a medical malpractice matter arising in Washington state, please call the experienced attorneys of Washington Law Center today.

No Fee Until You Win

At Washington Law Center, we have a “No-Fee Promise” with all of our medical malpractice cases. Our attorney fees are contingent, so you pay no fees until we win.

Learn More Today.

Past Medical Malpractice Client Results

$16,700,000 – Failure to Give Informed Consent (2015)
Recovered for the estate of a woman who was not given the option of using antiviral medication in an attempt to combat swine flu.

$1,100,000 – Failure to Provide Adequate Medical Care (2018)
Recovered for a client in a civil rights settlement for failure to provide adequate medical care.

$1,000,000 – Woman Sexually Assaulted at Medical Treatment Facility (2019)
Settlement for a woman who was sexually assaulted in a local in-patient setting.

$650,000 – Wrongful Death of Child During Labor (2021)
Settlement for a mother who lost her child due to alleged negligence during labor.

$150,000 – Woman Given Inadequate Self-Care Instructions Following Surgery (2019)
Settlement for a woman who was not advised that a high-dose Vitamin C regiment might reduce her post-surgical pain.

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OVER $100 MILLION AWARDED TO OUR CLIENTS BY VERDICT, SETTLEMENT, INJURY PENSION OR JUDGMENT

Why Choose Washington Law Center?

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