Tacoma, WA Medical Malpractice Lawyers Make Wrongs Rights
Our Medical Negligence Lawyers Listen to Victims
Do you believe medical malpractice caused your injury? When you’ve suffered an injury at the hands of a medical professional, you deserve answers. You deserve meaningful results and the chance to receive compensation so you can recover everything you need to move forward and have closure.
Whether it was a negligent doctor, nurse, or hospital policy, we’ll listen to your story and build a case that will bring you and your family justice. The harm you or a loved one suffered will not be ignored or diminished.
During this already stressful time, finances may be a concern which is why our medical malpractice attorneys work on a contingency fee. Simply put, you don’t pay any fees unless we win.
What Exactly Is Medical Malpractice?
The term “medical malpractice” describes harm to patients that results when a healthcare provider violates the standard of care.
Here is the general definition of what the standard of care is:
The type and level of care an ordinary, prudent health care professional, with the same training and experience, would provide under similar circumstances in the same community.
For there to be malpractice, there has to be:
- An error that falls below the medical standard of care, and
- The error resulted in harm to you or a loved one
An action for malpractice seeks to force a negligent provider to pay compensatory damages to cover the injured person’s past or future medical bills, lost income, physical pain, and emotional suffering.
Why Hire a Medical Malpractice Attorney
Our injury attorneys in Washington state have handled thousands of malpractice claims and lawsuits. The value we provide is in our ability to efficiently and effectively hold healthcare professionals accountable when their actions cause harm. Unfortunately, doctors, large hospitals, and their insurance companies want to pay you less, so they will go to great lengths to prove you were aware of the risks or that your injuries were unrelated to the care you received.
They can be ruthless, but we know how to handle them. In these types of cases, it’s important to act fast. Our combined decades of experience and knowledge will strategically position your case to reach a fair resolution. And if it doesn’t, our trial lawyers are prepared to fight for you in court.
Who Can Be Liable for Medical Malpractice Damages?
When a health care provider commits a negligent act that injures a patient, that provider is liable for the consequences to that patient. A provider could mean a doctor, surgeon, nurse, psychiatrist, dentist, radiologist, chiropractor, podiatrist, or even a hospital. In a medical negligence case, medical professionals, staff, and their employers can be held responsible. Some common medical organizations include:
- Hospitals and medical centers
- Medical practices
- Medical clinics
- Rehabilitation and physical therapy centers
- Nursing homes
- Pharmaceutical companies
The tricky part is that there may be one party who is responsible, or there may be several. In our experience, most medical malpractice cases involve more than one, which can cause a lot of confusion for everyone involved. In order to provide clarity and prove there was negligence, we will conduct a thorough investigation to gather evidence and make your case.
The Statute of Limitations for Filing Your Medical Malpractice Case in Washington
Injured patients in Washington have a limited amount of time to bring medical malpractice claims after injuries occur. Depending on the facts of your case, that period could be either one or three years. Short time limits apply for lawsuits involving Madigan Army Medical Center or any other government facility or healthcare provider.
These statutory limits also apply to children. If you suspect you have been injured due to a misdiagnosis, surgical error, or another form of medical negligence, you should contact our Tacoma medical malpractice lawyers right away to allow ample time to secure your medical records, identify important witnesses, and allow for a proper investigation.
Types of Medical Malpractice Damages
Medical Malpractice Surgical Errors
Surgeries are a serious matter because each one involves risk. Naturally, this makes patients cautious, especially when every person going into surgery has heard an operation-gone-wrong horror story.
Surgical errors are avoidable mistakes made during surgery that result in an injury. These errors can be improper, negligent, or illegal activity performed by a surgeon, anesthesiologist, or any other medical professional or staff during surgery.
Medical Malpractice Birth Injuries
A birth injury is an unexpected complication or injury during the pregnancy or birth due to malpractice. It’s an unimaginable experience for any person who has put their trust in their provider’s or medical staff’s hands. While some birth injuries are unavoidable, the sad truth is that many could have been avoided with the right medical care.
At RHHK, we also help parents respond to negligent harm that has resulted in cerebral palsy and Erb’s palsy.
Medical Malpractice and Wrongful Death
When a patient dies due to medical negligence, the person’s closest surviving relative – such as a spouse, child, or parent – can file a wrongful death lawsuit on behalf of their loved one. It is our mission to help your family heal and hold those responsible accountable. While wrongful death claims are slightly different than typical personal injury lawsuits, you can still get compensated to cover medical expenses, pain and suffering your loved one experienced, estate administration costs, funeral and burial expenses, and more.
Malpractice by Anesthesiologist
Extensive anesthesia, or the wrong anesthesia, can have catastrophic results, including coma, brain damage, permanent injury, and even wrongful death. Administering anesthesia is a key factor for many types of surgeries, and it’s also one of the most dangerous. It is the responsibility of every doctor, anesthesiologist, and nurse anesthetist to ensure that every precaution has been taken to prevent complications to the patients under their care.
Misdiagnosis and Delayed Diagnosis
A medical misdiagnosis is just as dangerous as any operating room mishap or prescription mistake. If a patient is misdiagnosed, they may be forced to live with a time sensitive ailment such as cancer or heart problems. Additionally, they may be subjected to incorrect or unnecessary surgery, or may be prescribed medications that cause new conditions or complications.
Emergency Room Errors
Emergency rooms can be chaotic environments creating ample opportunity for critical errors to be made. To make matters worse, they tend to lack the necessary staff to adequately care for a high volume of patients with pressing medical concerns. This troubling combination often results in serious complications and even wrongful death for patients.
Hospital Negligence
When an injury or death occurs at a hospital as a result of a medical error, many times it can be the fault of the hospital itself rather than the doctor or surgeon providing care to the patient. Hospital negligence occurs when the hospital and its staff fail to provide treatment according to the standard of care causing you or a loved one to suffer from harm. It can also occur when the hospital fails to adequately supervise or train the individuals practicing medicine within the hospital’s walls.
Medical Malpractice Medication Errors
Medication errors are among the most common medical errors and are some of the most common causes of preventable harm. If you receive a prescription medication that has been incorrectly filled, improperly prepared, or improperly administered, the result can be tragic. These types of cases can be complex due to the involvement of multiple responsible parties.
Medical Malpractice Nursing Home Abuse
The harsh reality many families face when entrusting their loved one to a nursing home is the abuse and neglect many seniors suffer at the hands of staff members or other residents. Nursing home negligence can range from physical and sexual abuse to medication errors, to inadequate supervision and mistakes involving feeding. In addition, failures and breakdowns in security of the premises can result in harm from other residents, from outsiders, and even from the resident who may be suffering from dementia or incompetence. Negligent care or supervision may support a claim for monetary compensation.
Contact a Medical Malpractice Attorney at RHHK for a Free Consultation Today
If you believe you or a loved one has been injured as a result of medical malpractice, you have the right to be compensated. Call the personal injury attorneys of Rush, Hannula, Harkins & Kyler PLLC, at 253-383-5388 or reach out to us online. Your initial consultation is free. We advance all costs of litigation and we only get paid a fee for our services if you receive monetary compensation.
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At Rush, Hannula, Harkins & Kyler PLLC we have the skill and experience to take on a wide range of personal injury cases throughout Washington state. From motor vehicle accidents to workplace injuries – our reputation and success rates keep opposing counsel on edge.
Medical Malpractice Frequently Asked Questions
We have answers to some of the most common Washington personal injury questions. These are resources for injury victims.
What is considered medical malpractice?
Understanding medical malpractice is something many people struggle with to this day. It’s a vast and complex type of personal injury, so it’s no wonder the term leaves some confused.
Here’s what medical malpractice is: a violation of the medical standard of care.
Medical professionals have to follow a specific standard of care and patients have the right to expect they will receive this care. A standard of care looks at a professional’s medical decisions and compares them to what other professionals with the same skill level, abilities, and experience would have done in the same or a similar situation.
If the standards are not followed and result in an injury or serious damage, that’s where negligence comes into question and a case can be built. There are two requirements that need to be met to file a medical malpractice claim: the medical professional or organization must violate the standard of care and the patient must show proof their injury was caused by the medical professional’s negligence.
How do I know if my case is medical malpractice?
Medical negligence can result in life-changing injuries, tremendous pain and suffering, and even death. If you or a loved one has experienced an injury or fatality due to neglect by a medical professional, you may have grounds to sue for medical malpractice. Still, not every situation is black and white, especially when distinguishing between complications and malpractice.
To determine whether you have a case or not, we will need to review the facts of your case. Following our review we may schedule you to sit down with us so we can listen to your story, talk about what happened, and put the facts and timeline together. From there we’ll determine if there is a medical malpractice case that we can pursue.
Get started with your free initial case evaluation with our medical malpractice lawyers today.
What are some common medical errors that could lead to a malpractice suit?
How long do I have to file a medical malpractice lawsuit?
Injured patients in Tacoma and throughout Washington have between one to three years to file a medical malpractice lawsuit.
Is it necessary to work with a lawyer when filing for medical malpractice?
You can sue for medical malpractice without a lawyer, but it’s not a good idea. While no laws require a medical malpractice lawyer to represent you, most people choose to retain one because having an experienced attorney in your corner almost always results in more compensation.
With so many critical details, complexities, and moving parts, it’s a tall task even for the experts. But when you have a competent lawyer at your side, you have someone who deals with insurance companies and opposing counsel, understands and assesses the damages, navigates the legal process, and skillfully presents your story in a clear and compelling medical malpractice case.
Does signing a surgical consent form mean I cannot sue for malpractice?
Surgical consent forms are meant to protect medical professionals from lawsuits, and they do a good job of that. Consent forms are supposed to inform patients of risks that are inherent to a particular treatment or procedure so patients can make an informed decision before moving forward.
What these forms don’t do is shield professionals from injuries that occur as a result of negligence. For instance, possible complications for an appendectomy (removing the appendix) include bleeding, infection, and blood clots. But if a patient experienced bleeding because the surgeon negligently operated in the wrong location, the consent form would not protect the surgeon from being sued.
How long does it take for medical malpractice cases to be resolved?
This depends on a few factors. If the case is simple with few issues in dispute, it could settle in mere months. If the case is not settled and has to go to trial, it could take several years. On average, most medical malpractice cases resolve in 2 to 3 years.
Do all medical malpractice cases go to trial?
No. Medical malpractice cases can end in several ways.
- The case can be settled after the initial demand letter is sent and terms are met.
- The case can settle after discovery is complete or prior to trial.
- The case can also go to trial where the jury verdict will determine the results of the case.
More often than not, cases will resolve before trial. Sometimes, however, a case can be dismissed before trial. The best way to keep that from happening and to know what may happen with your case is to speak directly with one of our experienced medical malpractice attorneys.
How much does a medical malpractice attorney cost?
The great advantage of filing a medical malpractice lawsuit is that we operate on a contingency fee basis. That means that rather than charging upfront legal fees or an hourly rate, our attorneys work without compensation until the case resolves through a jury verdict or settlement. Only at that time will we take a percentage of the award.
Some law firms pass on court costs to plaintiffs as they accrue. Some law offices, who pay upfront for court costs, reclaim those expenses off the top of the damage award, then assess their percentage from the remainder. Others stick to a strict percentage of the award.
Every case is different, but contingency fee rates for medical malpractice cases range from about 33 1/3 to 45 percent of the damage award or settlement. At Rush, Hannula, Harkins & Kyler PLLC, we advance all costs of litigation and offer a competitive contingency fee rate.
Our contingency fee approach was put in place to help people who could not otherwise afford the costs of civil litigation without worrying about expenses. This arrangement also allows you to retain an excellent lawyer who does not depend on your ability to pay, but rather on the attorney’s assessment of the strength of your case, and the commitment to delivering justice for the wronged and injured.
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