When you seek assistance from a medical professional, you have every right to expect that the care you receive will put you on a path to better health. Sometimes, however, the actions or inactions of a healthcare worker may cause harm that no responsible doctor or nurse would cause in a similar situation. This is known as medical malpractice, and you deserve compensation if it happened to you.
The experienced Bellevue personal injury attorneys of Tamaki Law understand how painful and emotionally distressing it can be to suffer harm at the hands of a medical professional. This is why we work to hold negligent healthcare workers accountable. We are committed to helping you recover compensation for the losses you have suffered because of medical malpractice and to help make it less likely that this type of behavior will happen to others.
We recognize how challenging it can feel to contemplate legal action when you are still trying to recover from the harm you have endured and its financial consequences. We offer a free consultation with a compassionate and experienced attorney, so we don’t add any unnecessary financial stress to your life. When we discuss your case, we can advise you about the necessary steps we’ll take to pursue the compensation you need. Call us today at (425) 679-6421 or contact us online for your free consultation.
What Is Medical Malpractice?
Medical malpractice occurs when a medical professional such as a doctor, nurse, pharmacist, or technician causes a patient to suffer harm by failing to perform their medical duties to an accepted standard of care. When this happens, the injured patient is eligible to file a medical malpractice claim to recover compensation for their losses.
To prove that medical malpractice occurred, you need to be able to demonstrate that:
- The healthcare provider failed to employ the level of care, skill, and learning that a reasonably prudent healthcare provider of the same profession or class would be expected to exercise in the same or similar circumstances. In Washington, courts often require sworn testimony from a medical expert who can declare that the at-fault doctor’s care fell below permissible standards or treatment practices.
- The healthcare provider’s failure to meet their expected standards was a proximate cause of your injury. This means that you cannot claim medical malpractice in a situation where your injury did not come about because of the doctor’s actions.
If you are unsure whether your case qualifies as medical malpractice, our experienced legal team will review your case and help you determine what steps you need to take to build a successful claim.
Common Types of Medical Malpractice
Several situations can lead to instances of medical malpractice. However, most cases fall under one of the following three categories:
- Failure to diagnose – If you suffered harm due to a condition or illness that your doctor did not diagnose, and if any competent doctor would have made a correct diagnosis, you might have a viable medical malpractice claim.
- Improper treatment – If you received treatment from a doctor that no other competent doctor would have offered in that situation, they might be liable for medical malpractice. The same is true if the doctor administered the correct treatment but in an incompetent manner.
- Failure to warn a patient of known risks – All medical professionals have a duty of informed consent. This means that they need to warn their patient about known risks of any procedure or treatment. If you would not have chosen to undergo a procedure had the doctor properly informed you of the risks, and you suffered harm because of one of the risks you should have been warned about, you might be eligible to file a medical malpractice claim.
In any of these circumstances, it is essential to keep in mind that a medical malpractice claim is viable only if the incompetent action or inaction is the likely cause of your injury. Even if the doctor performed their duties incompetently, your claim would probably be rejected if the likely cause of your injury was another factor. When you consult with the legal team at Tamaki Law, we’ll discuss the viability of your case.
Compensation Available for Medical Malpractice
If you have suffered harm from medical malpractice in Bellevue, you might be eligible for compensation for losses such as:
- Medical expenses
- Lost wages due to missed time at work
- Reduced future earning capacity
- Prescription and non-prescription drug costs
- Assistive devices such as wheelchairs, braces, or crutches
- Pain and suffering
- Mental anguish
- Disability and disfigurement
- Loss of enjoyment of life
It is important to note that, unlike other states, Washington has no damage caps when it comes to medical malpractice claims. This means that there are no statutory limitations on the amount of compensation you may be awarded.
How Long Do I Have to File a Medical Malpractice Claim?
Washington state has a statute of limitations for medical malpractice. You must file your claim within three years of the time the medical malpractice incident occurred. However, in instances when you would not have been able to know about the injury within that timeframe, you must file within one year from the date when you discovered or should reasonably have discovered the injury. In some cases, the timeframe can be extended. Speak to an experienced medical malpractice attorney if you are unsure about the deadlines for your specific case.
Contact a Bellevue Medical Malpractice Attorney
If you have suffered an injury due to medical malpractice, you should not be forced to suffer financially as well. The experienced medical malpractice lawyers of Tamaki Law will help you get through this challenging time with the compassion and dignity you deserve. Together, we will work to recover your compensation and to help keep other patients from coming to this kind of harm as well. Call us at (425) 679-6421 or contact us online for a free consultation and find out what your legal options are.
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