Description
To win a medical malpractice case in Washington, you have to show more than harm: you need to prove a breach of the standard of care, which usually requires testimony from a medical expert. Because these claims carry unique pitfalls that other personal injury cases don’t, the medical negligence attorneys at Cochran Douglas recommend getting legal guidance early, especially in cases like surgical instruments left in a patient’s body. Our Tacoma team pursues both special damages, such as lost wages and past and future medical bills, and general damages, such as pain and suffering, loss of enjoyment of life, and loss of consortium.
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Medical malpractice is an area of
law where you have suffered harm at the
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hands of a medical
facility or practitioner.
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Medical negligence cases require that you
show that there has been what's called
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a breach of the standard of care,
and what that means is not necessarily
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that you've just been harmed; it has to be
that how you were harmed
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was a deviation from the norm.
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Believe it or not,
a common medical negligence case that we
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receive calls about is when a practitioner
has left a foreign medical device or
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utensil in a patient's body
after completion of surgery.
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In medical malpractice cases, there is
a definite difference between
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whether or not the
harm that someone is suffering was caused
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by a bad outcome or actual medical
negligence, and the crucial distinction
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between those two areas of harm is whether
or not there's been a breach of the
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standard of care,
which is often in medical malpractice
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cases determined by experts.
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Those cases routinely must rely on
the testimony of a medical expert to tell
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us whether or not there was actual
negligence,
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and that's why it is absolutely
crucial to consult with an attorney.
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Medical malpractice cases are very complex
in Washington State because there are a
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lot of unique pitfalls that exist
in medical malpractice that don't exist
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in other areas of personal injury law.
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A medical malpractice case can
recover different types of damages.
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For example, in Washington State,
you could be entitled to what's called
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special damages—think the things that are
itemized: your wage loss,
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your medical bills, both past medical
bills and future medical bills.
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You're also entitled to what's called
general damages—think the things that
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cannot be itemized: the pain and
suffering, the loss of enjoyment of life,
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the loss of consortium with a spouse.
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All of those things are
compensable damages in Washington State in
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a medical malpractice case,
and that is something that we are
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well-versed and equipped
to do at Cochran Douglas.