Medical Malpractice


Seattle Wrongful Death Attorney | Medical Malpractice

We all want to believe in our doctors and place our faith and trust in them. Medical providers are professionals who save lives and help people live healthier lives.

Nevertheless, medical professionals are human and make mistakes. Those mistakes can unfairly lead to consequences for those harmed by medical malpractice.

For example, in a landmark study an interdisciplinary team from Harvard reviewed the medical records of more than 30,000 hospitalizations. Adverse events occurred in 3.7 percent of the hospitalizations, and 28 percent of these were deemed to be due to medical negligence. The authors of the study estimated that 14 percent of the medical negligence occurrences led to death.[1]

Professional negligence claims involve many of the same legal principals as other injury claims, but are often heavily modified by statute.

Medical malpractice is a common law negligence claim but in Washington medical malpractice claims are modified by statute. A statutory provision that required certification of merit before bringing a medical malpractice claim was declared unconstitutional by the Washington Supreme Court in September 2009.

In Washington a medical malpractice claim must be brought under one of three theories.

1. Failure to follow the standard of care

2. Breach of warranty, or

3. Failure to provide informed consent

There is another Washington statute that affects the procedures for bringing a medical malpractice claim. The statute requires giving 90 days notice prior to filing a medical malpractice claim in court. Also, prior to filing the case in court medical malpractice claims must be certified as meritorious by a qualified expert and a certificate of good faith by the Seattle Wrongful Death Attorney filing it. Expert testimony is generally required to prove a medical malpractice claim in court.

Medial malpractice clams include

  • Failure to inform/lack of consent
  • Improper or delayed diagnosis
  • Nursing home abuse

If you believe you may be the victim of medical malpractice consult with a Seattle Wrongful Death Attorney for a no commitment evaluation of your case.

See our blog posts on medical malpractice:

  • Tue, 03 Jun 2014 18:36:01 +0000: Root Canal Leads to Medical Malpractice Lawsuit - Medical Malpractice – Seattle Personal Injury Attorney

    A woman went in for a root canal. The dentist used an anesthetic rinse. The woman experienced severe pain and numbness of her tongue. She claims to suffer continued right-side jaw pain and numbness of her tongue even more than four years later. She sued her dentist for malpractice. Her attorney retained an oral surgeon […]

    The post Root Canal Leads to Medical Malpractice Lawsuit appeared first on Seattle Personal Injury Attorney.

  • Sun, 20 Apr 2014 14:56:42 +0000: Breast Implants and Bungee Jumps - Medical Malpractice – Seattle Personal Injury Attorney

    A doctor goes bungee jumping and injures his eye. He ends up having surgery on the eye. He then performs a breast augmentation surgery for a patient, using saline implants. Later the patient notices rippling on her left upper breast. She goes back to the doctor who replaces the saline implants with gel implants. She […]

    The post Breast Implants and Bungee Jumps appeared first on Seattle Personal Injury Attorney.

  • Sun, 26 Jan 2014 17:39:47 +0000: Medical Malpractice Statute Held Unconstitutional - Medical Malpractice – Seattle Personal Injury Attorney

    A nine-year-old boy suffered headaches, dizziness, nausea, weakness in the legs, and double vision. He underwent an MRI, which a doctor reviewed and found to be normal. Later when the boy was 17, he underwent another MRI reviewed by a different doctor. The second doctor found a serious condition, and reviewed the previous MRI that […]

    The post Medical Malpractice Statute Held Unconstitutional appeared first on Seattle Personal Injury Attorney.

  • Mon, 20 Jan 2014 15:35:47 +0000: Cosmetic Surgery Gone Wrong - Medical Malpractice – Seattle Personal Injury Attorney

    A woman sought elective facial injections, in an effort to look more “rested.”  The result was necrosis that left permanent, deep scarring. The Washington State Supreme Court ruled on an appeal of this decision March 12, 2015. The clinic’s receptionist (!) had recommended a mix of Botox and a “filler.” Later, a physician’s assistant injected […]

    The post Cosmetic Surgery Gone Wrong appeared first on Seattle Personal Injury Attorney.

  • Mon, 11 Nov 2013 13:57:14 +0000: Not in the Dictionary - Medical Malpractice – Seattle Personal Injury Attorney

    A doctor misdiagnosed a woman’s ectopic pregnancy and removed the wrong Fallopian tube. The woman later had the other Fallopian tube removed in a second surgery. She sued. The jury returned a verdict of $71,795.53. When the jury deliberated one juror looked up the word “negligence” in a dictionary (even though it is properly defined […]

    The post Not in the Dictionary appeared first on Seattle Personal Injury Attorney.

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[1] See Frequency of Medical Negligence in the Hospital at JounralWatch.com (Published by the New England Journal of Medicine. Last accessed 04-14-09).