Medical errors often lead to significant consequences that a patient may never have imagined. These might include someone never regaining their health or dying because of the practitioner’s negligence. If a health care practitioner’s carelessness caused someone harm, they could be liable to pay compensation for your losses. If you have experienced improper health care treatment like this, a Bothell medical malpractice lawyer could help. Entrust your case with a dedicated personal injury attorney today.
What is Medical Negligence in Bothell?
Distinguishing health care malpractice from a poor outcome could be difficult in some instances. A patient who is dissatisfied with the result of their treatment does not necessarily have a viable negligence claim.
The Revised Code of Washington §7.70.030 establishes three bases for a health care malpractice claim: a practitioner’s promise that a specific result would not occur, the lack of informed consent by the patient, and the failure to follow the accepted standard of care. Expert witness testimony is typically required to demonstrate each of these bases, because medical professionals are held to a higher standard of care than other citizens.
Practitioner’s Promise against a Certain Result
A medical worker may have committed negligence if a certain outcome occurs that they promised a patient would not happen. The patient must prove the professional made the promise and the patient relied on the promise when they agreed to the treatment.
Patient Gives no Informed Consent to Treatment
A patient must agree to undergo the specific type of care that their doctor implements. Informed consent requires a patient receive notice of the potential risks and benefits of treatment, and the practitioner must discuss risks of the care and give someone the opportunity to ask questions. In some instances, the patient must sign a document acknowledging that they are giving their informed consent of treatment. In a case of an emergency or if the patient is not capable of decision-making because they are unconscious, for example, a practitioner might not be held liable for malpractice.
Accepted Professional Standard of Care
Health care negligence lawsuits hinge on the practitioner’s failure to meet the accepted standard of care which usually requires a health care expert. This means that a health care professional must use the same level of knowledge, attentiveness, skill, and judgment that a reasonable health care professional that is similarly credentialed would use to provide care in the same circumstances.
If someone is considering filing a medical negligence lawsuit in Bothell, their attorney could ask a health care expert to review their records to provide an opinion on negligence. If it is clear to the medical expert and the attorney that the defendant did not meet the determined standard of care, a lawsuit might be the best way for someone to get compensation.
Enlist a Bothell Medical Malpractice Attorney Today
Cases like this are complex, and a Bothell medical malpractice lawyer has the experience, knowledge, and compassion to guide you through the process and achieve the best possible outcome. Schedule a consultation as soon as you recognize that you might have been a hurt because of health care negligence.