Medical Malpractice FAQ
Going through a medical malpractice case can be difficult. It can often feel like a betrayal of trust, along with the financial, emotional, and physical toll it can take on you. While the majority of doctors and hospitals in Seattle, Bellingham, Kirkland and Olympia are exceptional and provide outstanding medical care, there are occasions when mistakes are made and people are harmed.
While these questions and answers are not meant to be a complete list of common questions we see, they do represent common ones. If you have additional questions, feel free to call us for a free consultation.
Question: Can I sue a hospital and my doctor?
Answer: Yes, you can.
Question: Will my case for sure go all the way to court?
Answer: It is hard to say whether a medical malpractice case will proceed to a trial or if it will be settled prior to then. Most cases are settled before they go to trial, but not all of them are settled prior to trial. It depends on a lot of factors.
Question: Is it malpractice if the procedure I went in for was not done right?
Answer: Possibly, but it also may not be. The proper question to ask, when it comes to a medical malpractice case, is to determine whether “the standard of care was breached” or whether the medical care “fell beneath the acceptable standard of care.” Just because the operation or procedure did not go according to plan does not necessarily mean it was malpractice.
Question: How do I prove my medical malpractice case?
Answer: The most surefire way to do this is to hire an expert witness who can make an opinion on the alleged malpractice. How do you do this? You do it by hiring a doctor or medical professional who does the same kind of medicine as the professional who harmed you.
Question: How long do I have to sue for my case?
Answer: You have three years from the date of your injury to bring a claim in court, meaning to file the documents in court. There is also something called the “discovery rule” which says that you can toll the statute of limitations, meaning pause them, from the date that you reasonably should have discovered the medical condition you have. You have three years from that date to bring a claim in court.
Question: How much is my medical malpractice case really worth?
Answer: Without knowing how much money you are seeking, the extent of your damages, and the available insurance, it is hard to answer this. All of these factors can play an important role in figuring out how much money you should receive for your injuries.