How Medical Malpractice Cases Work
In a medical malpractice case, when it comes to proving fault, it usually comes down to proving that the doctor or hospital was negligent when administering medical treatment, and as a result, you or a loved one suffered injury or harm.
Medical malpractice cases are often complex and require the services of an experienced attorney. When dealing with a malpractice case, there are a few things that need to be established:
- A doctor-patient relationship existed. The doctor must’ve had an obligation to the patient.
- Proving negligent care. You will need to prove that the doctor did not meet the medical standard of care.
- Prove an injury occurred. It must be proven that your injuries occurred as a result of the doctor’s negligence.
- Proving damages. You must prove that you suffered as a result of the malpractice.
- Prove all elements. You need to prove all elements above “by a preponderance of the evidence.” This means that it needs to be more likely true than not.
Types of Medical Malpractice
Proving a medical malpractice case is much different and more complex than with other personal injury claims. The facts surrounding your claim are based on past medical records and testimony from medical experts who are familiar with your type of case.
A “complex” case type simply means that expert testimony and medical records are a vital component to proving that the healthcare professional responsible for treating you did act negligently. The combination of strong medical evidence and qualified expert testimony gives victims the best possible chance of financial recovery.
Clear-Cut Case Types
- “Surgical Souvenirs” (i.e. sponges, clamps or other equipment that is left behind)
- Operating on the wrong body part or wrong side of the body
- Medication errors
- Failure to diagnose or properly treat a medical condition
- Birth injuries
- Plastic surgery errors
- Unnecessary surgical procedures
Complex Case Types
- Post-operation infections
- Dental mistakes
- Falls in hospitals or nursing homes
- Failure to monitor a patient
- Long-term treatment disputes
- Nursing home and elderly care incidents
Harborview Pays $25 Million in Malpractice Suit
While Harborview Medical Center is regarded as one of the best hospitals in the country, it has been subject to several large lawsuits, including a $25 million case in May 2018.
In October 2013, a Montana woman went to Harborview to get care at the stroke center. The lawsuit claimed that her symptoms worsened during the stay and she was treated by interns and residents, not doctors. Ultimately, she suffered an occlusion of her basilar artery.
The malpractice left the woman completely disabled, paralyzed on her right side, and with limited use of her left side. She needs full-time care and her speech is limited.
A King County jury issued a $25 million judgment in favor of the woman and her family.
News and Information about Harborview Medical Center
Free Legal Consultation For Malpractice Victims
If you or a loved one has suffered from medical malpractice or another form of medical negligence by staff at Harborview Medical Center, the attorneys at Davis Law Group are here to review your potential case for free and help you learn more about your legal rights. We have helped victims of negligence get the financial compensation they deserve under the law for more than 20 years.
Use the confidential questionnaire on this page to have your case personally reviewed by our award-winning legal team. If we believe we can improve the chances of a successful outcome, our attorneys will meet with you in-person at your convenience for a free legal consultation.