PNW Strategic Legal Solutions

We are proud to serve alongside Sirianni Youtz Spoonemore Hamburger in Solorio v. Regence BlueShield, one of several important Washington Court of Appeals decisions allowing challenges to obesity-treatment exclusions to proceed.

These cases raise significant questions surrounding access to medically necessary care, disability discrimination, and insurer accountability.

For many patients, the impact of denied treatment is not abstract. It may affect their health, finances, and ability to access care they and their providers believe is necessary.

This decision represents an important step forward for Washington patients and families.

Swipe through to learn more.

Why Do I Need an Attorney for a Medical Malpractice Claim in Washington?

Suffering unnecessary illness or injury because a medical professional was negligent means more than just added pain. It can lead to permanent disability or life-threatening sickness. Seeking compensation requires experience and a deep knowledge of state law.

Marlena Grundy, a qualified and compassionate Washington personal injury lawyer, explains why you need an attorney for a medical malpractice claim in Washington if you hope to hold those at fault accountable.

What Qualifies as Medical Malpractice?

Medical malpractice is defined by actions that negatively impact a patient’s outcome due to the practitioner’s negligence or intentional behavior. For example, a surgeon operating on the wrong part of the body could count as medical malpractice, but disliking your appearance after getting cosmetic surgery may not. Malpractice depends on a medical provider failing to follow the standard of care for your condition.

There are three main situations that could trigger a medical malpractice claim:

Medical error: Examples include a doctor prescribing the wrong drug or in the wrong dosage, or a nurse administering the medicine orally instead of intravenously. Any instance of harm without intent is usually an error.

Medical negligence: Examples include failing to perform appropriate scans, correctly diagnose a patient’s condition, or failing to follow the accepted standard of care for a patient with your medical history. There may have been no intent to harm, but the practitioner failed to take the necessary care to protect you.

Medical malpractice: If you suffer an illness or injury beyond what you had before the caregiver negligently treated you, your case may qualify for medical malpractice.

Another potential outcome is that you suffer an adverse event, which is one that no one could predict or would expect. This might be an allergic reaction to a drug because neither you nor the healthcare professional knew you were allergic until you suffered the reaction.

Why It’s So Difficult to Demonstrate Medical Malpractice

While we hold doctors and other medical providers to a higher standard of professionalism, a medical malpractice case is extremely challenging because every patient is unique. Even if you undergo a procedure many times before, there’s no guarantee that you won’t have a negative outcome due to some unpredictable circumstance. You must establish five elements of negligence before you can pursue a malpractice claim:

Patient-provider relationship: You have to show that you and the professional had a relationship where you sought care and they provided it.

Duty of care: You must show that the provider owed you a duty of care to do no harm, such as the Hippocratic oath.

Breach of duty: You must demonstrate how the practitioner failed in their duty to keep you safe and prevent harm, either through their actions or inactions.

Causation: You must provide evidence that the caregiver deviated from the standard of care, intentionally withheld treatment, or otherwise acted in a way that showed negligence or malice, causing your injury or illness.

Damages: You must present bills, receipts, and other material outlining the expenses and other damages you suffered as a direct result of the medical negligence or malpractice.

Under the Revised Code of Washington, Section 7.70.030, you or your representative must present a preponderance of the evidence showing that it’s more likely than not that your injury occurred because of the defendant’s negligence. Doing so in a medical malpractice case is very complicated, often because other doctors are hesitant to testify against another professional.

To build a strong case and have the best chance of success, it’s wise to work with an attorney who understands the complexities of these claims and has a track record of success.

How Your Attorney Makes Your Medical Malpractice Claim More Powerful

Doctors carry medical malpractice insurance to cover claims against them, and insurance companies often dislike paying compensation. They will fight very hard, with a team of lawyers at their disposal, to resist your claim that their policyholder caused your injury or illness. Hiring your own attorney puts a skilled negotiator on your side to push back for your benefit.

Beyond that, obtaining the evidence you need to present a robust claim can be difficult if you don’t have the professional network and access that an attorney has. They can subpoena training, maintenance, pharmacy, and other logs to show how an error, negligence, or malpractice occurred. They can also connect with medical experts to testify as to the standard of care and discuss how your provider failed to meet it.

Above all, hiring an attorney to manage your claim takes a tremendous burden off your shoulders. Chances are that you’re facing a difficult recovery, and you need to focus on getting better. You can rest while your legal team puts their skills to work getting the justice you deserve.

To learn more about working with a personal injury attorney for your medical malpractice case in Washington, schedule a free consultation with Marlena Grundy at PNW Strategic Legal Solutions. With a hard-working and experienced team on your side, you can get the guidance you need to achieve a successful outcome.

More info on our website: 🔗https://pnwstrategiclegalsolutions.com/

*This post is for informational purposes only and does not constitute legal advice or establish an attorney-client relationship.