Washington Medical Malpractice Legal Questions

Dental malpractice cases are difficult to prosecute for a malpractice attorney because they are usually not financially viable. Medical malpractice cases are very costly and time-consuming.  Therefore, in most circumstances a patient must have suffered a significant permanent injury as a result of medical negligence for the case to be financially viable. Often, damage caused by dental malpractice can be remedied with additional care. Further, lasting damage is usually not significant enough to warrant the time and expense of a lawsuit. There are exceptions to this (for example trigeminal nerve injury cases). Additionally, since different offices have different standards for whether a case is worth prosecuting, if you are interested in pursuing this further you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here for more information about me. Click here for more information about my firm. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.... Read More

Medical malpractice involves medical care that is below accepted standards which has a negative consequence on a patient's health. None of the things that you describe sound like medical malpractice to me. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here for more information about me. Click here for more information about my firm. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.... Read More

A medical malpractice victim has until the statute of limitations to file a lawsuit against a medical provider. The statute of limitations varies from state to state. You would have to contact a Washington attorney to determine what the statute of limitations is in that state. Sometimes the statute of limitations is extended in certain circumstances. For example, in New Jersey, the statue of limitations is 2 years, but if a reasonable person would not have known that a defendant did something wrong, the time period starts accruing when the plaintiff found out that a medical provider was negligent.  Click here for an article that explains what you can expect when filing a medical malpractice case. ... Read More

It is difficult to determine if one has a possible medical malpractice claim/suit without viewing the medical records. Thus, I would request all medical records from the time you broke your knee cap to present day from your doctor, all hospitals or clinics where you have had surgeries and from any other health care provider which has treated you in relation to this injury/infection.  Most attorneys are going to want to view the medical records prior to determining whether to accept your potential case.  This is because medical malpractice cases are very difficult to prove.  Most state laws make it difficult to sue a doctor or other health care provider.  There must be a breach in the standard of care.  In order to prove that, an expert must be hired.  This makes these cases also very expensive and time consuming.  In sum, request the records and start trying to get consultations with personal injury/medical malpractice attorneys in your local area.  Also, note that a statute of limitations will likely preclude you from filing suit after 3 years.  A local lawyer in your area can also help you determine when that time period begins to run -- whether it is the date of the first surgery of the date you discovered the infection with the wound doctor.  Best of luck. NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this information.  ... Read More

It sounds like the shoulder surgery was unnecessary, although the case may be defensible if a reasonable orthopedic surgeon would have reached the same conclusion. You should speak to a local medical malpractice attorney who can secure your medical records and evaluate whether you have a case. ... Read More