Unpublished
Menzer Law Firm, PLLC
Address
2800 1st Avenue, Suite 328
Seattle, WA 98121
United States
Member since
2016
PPII
If a doctor or other medical professional injured you or a loved one, you might be entitled to compensation from that party. Medical malpractice claims are complex and require solid evidence. In many cases, you will be fighting against a well-respected doctor/hospital and its experienced insurer and legal team. A Seattle medical malpractice lawyer at Menzer Law Firm, PLLC can handle your claim for you, allowing you to focus on the most important thing: recovering.
Medical malpractice occurs when a medical professional makes a mistake or takes an action (that another medical professional with similar training in the same situation would not have taken) that causes a patient harm. Some of the most common situations that lead to medical malpractice claims are:
Per R.C.W. § 4.16.350, injured parties must bring an action for medical malpractice within three years, unless:
For example, Martha was injured during surgery on May 1, 2015. In most cases, she would have three years to file a claim. However, in this case, she does not discover the harm until July 1, 2020. She will have until June 30, 2021 to bring an action.
You must prove one of the following:
Per R.C.W. § 7.70.040, the “standard of care” for a health care provider is “that degree of care, skill, and learning expected of a reasonably prudent health care provider at that time in the profession or class to which he or she belongs, in the state of Washington, acting in the same or similar circumstances.”
Essentially, it is what another professional with similar training in the same field would have done in the same situation.
In Washington, medical malpractice claims must go through mandatory mediation before an injured party can file a case with the courts. There are some exceptions to this rule, such as mandatory arbitration or cases in which the parties have agreed to arbitrate the dispute. The rules for mandatory mediation or arbitration are complex and quite different from the standard way of handling cases in court.
Maybe. In 2006, the state passed a law that required all medical malpractice cases to have a certificate of merit (i.e., sworn statement from an expert witness); however, the state supreme court ruled it unconstitutional. There is also no specific state statute requiring an expert witness for each case. A lawyer can help you determine whether your case requires expert witness testimony.
If you are successful in a medical malpractice case, you may be able to recover:
You should not attempt a medical malpractice claim without a Washington medical malpractice lawyer at your side. The other side will have a team of lawyers, fighting hard to protect the healthcare professional. Medical malpractice is a highly technical and complex area of litigation. Expert witnesses and stacks of medical records will likely be involved. One procedural slip could jeopardize your entire case. Schedule a free consultation with a Seattle medical malpractice attorney at Menzer Law Firm, PLLC.