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 […]
A man found a lump on his right ankle causing him minor discomfort. He went to his doctor, who tentatively diagnosed the lump as a benign ganglion cyst, ordered an x-ray of the ankle to ensure no structural defects, referred the man to an orthopedic specialist, and instructed him to follow-up as necessary. The man […]
Our law firm did not participate in the lawsuit described in this article. Many personal injury cases that are dismissed are dismissed because of a failure to initiate the lawsuit prior to the running of the statute of limitations. Of dismissals upheld on appeal many, if not most, were dismissed for the same reason. In […]
The parents of a 26 year old developmentally disabled adult sued for wrongful death, alleging a pharmacy refilled their son’s prescription for anti-seizure mediation at a higher than required dosage, and that lowering the dosage approximately two months later resulted in his death. The trial court dismissed the claim, not because it lacked merit, but […]
Our firm was NOT involved in this case. This week the Court of Appeals announced its decision in a medical malpractice case. The plaintiff alleged she was suffered a systematic allergic reaction from a stent inserted in her coronary artery. She brought suit against the doctor who inserted the stent.
The Washington Supreme Court recently ruled that in a case of attorney malpractice the prejudgment interest should have been calculated on the total amount of the settlement lost, not the amount the injured party would have recovered after paying an attorney fee.
By personal injury lawyer Travis Scott Eller. Our personal injury law firm took no part in this lawsuit. A 2006 law required persons in Washington alleging injury from medical malpractice to file with the complaint a certificate of merit signed by an expert. In a decision announced a few months ago the Washington Supreme Court […]
In a recent decision the Washington Court of Appeals upheld dismissal of a personal injury claim as time barred. The plaintiff’s attorney named and served Elizabeth Loeliger rather than Elisabeth Loeliger.
After a defense verdict in a medical malpractice case the plaintiff was granted a new trial based on racially based juror comments directed at the plaintiff’s attorney. The defendant doctor appealed the granting of the new trial. In a published opinion the Court of Appeals upheld the granting of a new trial. The case is […]
In a recent decision the Washington Supreme Court held that the Consumer Protection Act does not apply to medical malpractice claims. Ambach v. French et. al., No. 81107-5, September 24, 2009.
A health care provider may be liable for breach of warranty if promised the patient or his representative that the injury suffered would not occur.
In Washington by statute medical malpractice claims must be brought under one of three theories. Failure to follow the accepted standard of care Breach of warranty Failure to Provide informed consent The standard of care has two elements: