You trust medical professionals and believe they have your well-being and best interest in mind when providing care. Unfortunately, there are times when a doctor, surgeon, or other healthcare provider betrays that trust. In these instances, injuries occur from errors or mistakes that can leave you with chronic pain, a permanent disability, or – in the worst cases – can even result in death.
If a medical professional made a costly mistake or you had a procedure that did not meet the medical field industry standards, you could have cause to file a lawsuit with a compassionate personal injury attorney. Let a North Creek medical malpractice lawyer help advocate for your patient rights.
Types of Medical Malpractice Claims
Medical malpractice claims can include a wide array of scenarios. A medical malpractice attorney in the North Creek area could review the case details to determine which category the provider may fall under. Some of the most common include:
Diagnosis Errors or Failure to Treat
If a medical professional misdiagnoses or fails to diagnose a patient because they did not follow the standard of care, the patient could have cause for a medical malpractice claim. Failing to find the correct diagnosis alone, however, is not enough basis. There must be evidence the healthcare provider gave improper care, such as not running appropriate tests or failing to offer treatment for a diagnosed condition, injury, or test result.
These occur when a surgeon makes an error that other surgeons in the same field would not. Errors can include performing operations on the wrong part of the body or leaving gauze or a tool inside a patient.
Birth injuries can occur when an obstetrician or other healthcare provider makes a mistake during delivery that causes harm to the mother or baby. Issues include improper use of forceps or failure to recognize fetal distress.
What Elements are Needed to File a Medical Malpractice Claim?
There are four key elements necessary to establish a medical malpractice claim.
- Duty- The medical professional had a duty to provide care to the patient
- Deviation- The healthcare provider deviated from the usual standard of care
- Direct causation- This divergence caused injury to the patient
- Damages- The injury led to verifiable damages
A medical malpractice injury lawyer in North Creek could help determine if these elements are present.
Establishing the burden of proof is another critical step in the medical malpractice claim process. The statute lays out the rules that specific components must be present to file a civil case for damages. Under the Revised Code of Washington 7.70.030, the claimant must establish one or more of the following:
- The damages occurred after the healthcare provider failed to follow the standard of care
- The provider promised the plaintiff the injuries would not occur
- The injuries occurred after the provider completed a procedure the plaintiff did not consent to undergo
A person who is injured or ill due to a medical error might not be in the best condition to manage complicated legal issues, which is why it is important to retain legal counsel to handle the details of a case.
Meet With an Experienced North Creek Medical Malpractice Attorney
When you go in for a medical procedure or healthcare visit, you trust the certified medical professional will help you feel better and not worse. Sadly, that is not always the case. A seasoned North Creek medical malpractice lawyer could thoroughly review your history to determine if you have cause to file legal action. If you suffered injuries at the hands of a medical professional, call to schedule a meeting today.