Building a Case for Medical Malpractice

Posted Friday, July 2, 2021 by Chris Thayer

We put a lot of trust in doctors and medical professionals to treat us, and we expect that they will take reasonable care in arriving at diagnoses, administering treatment, and performing medical procedures. However, this does not always happen. When doctors act negligently in caring for patients, it can have devastating consequences. Medical malpractice can result in serious injury, permanent disability, and even death. Medical malpractice lawsuits exist in order to help victims of negligent doctors recover financially for the harm they have suffered, and to discourage negligent behavior in the medical profession by sending the message that there are consequences for deviating from the expected standard of care.

*What is Medical Malpractice? * Medical malpractice occurs when a doctor or medical professional fails to meet the standard of care that is expected in their industry and an injury occurs as a result. Medical malpractice can occur during diagnosis, treatment, prescription or administration of medication, aftercare, and health management. Medical malpractice is not limited to doctors, but can occur with any medical professional. Even pharmacists can be medically negligent by making critical errors in filling prescriptions. It is important to understand that the standard expected of medical professionals is not perfection. Rather, some errors are bound to occur and are unavoidable. Other errors are made in good faith despite every effort to adhere to industry standards of care. These do not amount to medical malpractice. Rather, medical malpractice occurs when a doctor or medical professional acts in a way that other similar professionals in their industry would not. For instance, if a doctor misdiagnosed a patient and another similarly situated doctor in a similar speciality would not have made the same mistake, that meets the threshold for medical malpractice. However, if it was a mistake that any doctor in their shoes could have made, then it likely does not amount to medical malpractice.

*Understanding the Elements of a Medical Malpractice Claim * In order to succeed in a claim for medical malpractice there must be a doctor-patient relationship. Additionally, the doctor must have deviated from the standard of care expected of professionals in their industry. The injury suffered by the patient must have been a direct result of this deviation of care. Finally, this injury must have resulted in significant physical and financial damages.

*Bringing a Claim for Medical Malpractice * A successful medical malpractice claim allows the injured party to recover for all damages suffered as a result of the injury caused by the doctor’s negligence. This includes all medical expenses, as well as all costs related to treatment for the injury. Additionally, if the injury required time off from work or prevented the victim from returning to the same job, damages can be sought for lost wages and reduced earning potential. Damages for pain and suffering, for the physical and emotional trauma caused by the malpractice, are also available. This can include things like loss of consortium, companionship, and enjoyment of life.

*Talk to a Seattle Personal Injury Lawyer * If you have suffered serious injury as a result of medical negligence in Seattle, Bellevue, Kent, Renton, Burien, Mercer Island, Issaquah, or the greater Washington State area, the experienced personal injury attorneys at Pivotal Law Group are ready to zealously advocate on your behalf and ensure that you get the support and compensation that you are entitled to. Call today to schedule a consultation.