Posts Tagged ‘professional negligence’
Court Rules Medical in Malpractice Case
Our firm was NOT involved in this case.
This week the Court of Appeals announced its decision in a medical malpractice case.
The plaintiff alleged she was suffered a systematic allergic reaction from a stent inserted in her coronary artery. She brought suit against the doctor who inserted the stent. Read the rest of this entry »
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Woman Injured by Drunk Driver Must Seek Compensation from Her Original Attorney
The Washington Supreme Court recently ruled that in a case of attorney malpractice the prejudgment interest should have been calculated on the total amount of the settlement lost, not the amount the injured party would have recovered after paying an attorney fee.[1] Read the rest of this entry »
Washington Supreme Court Strikes Down Medical Malpractice Law
By personal injury lawyer Travis Scott Eller. Our personal injury law firm took no part in this lawsuit.
A 2006 law required persons in Washington alleging injury from medical malpractice to file with the complaint a certificate of merit signed by an expert. In a decision announced a few months ago the Washington Supreme Court declared the law unconstitutional holding that the statute unduly burdens the right of access to courts and violates the separation of powers. [1] Read the rest of this entry »
Injury Claim Dismissed as Time Barred
In a recent decision the Washington Court of Appeals upheld dismissal of a personal injury claim as time barred.[1] The plaintiff’s attorney named and served Elizabeth Loeliger rather than Elisabeth Loeliger. Read the rest of this entry »
New Trial Granted to Medical Malpractice Plaintiff After Juror Racial Comments
After a defense verdict in a medical malpractice case the plaintiff was granted a new trial based on racially based juror comments directed at the plaintiff’s attorney. The defendant doctor appealed the granting of the new trial. In a published opinion the Court of Appeals upheld the granting of a new trial.[1]
The case is based on the plaintiff’s allegations that the doctor violated the standard of care by failing to take an appropriate history and by failing to conduct an appropriate physical so that further testing or diagnostics might be performed to reveal that she had pneumonia instead of terminal cancer. The untreated pneumonia progressed to sepsis resulting in Ms. Turner’s hospitalization for approximately 45 days, during most of which time she was in a coma. The sepsis also resulted in the amputation of the plaintiff’s left forefoot. Read the rest of this entry »
Personal Injury and Medical Malpractice Claims not Subject to the Consumer Protection Act
In a recent decision the Washington Supreme Court held that the Consumer Protection Act does not apply to medical malpractice claims. Ambach v. French et. al., No. 81107-5, September 24, 2009. Read the rest of this entry »
Breach of Warranty
A health care provider may be liable for breach of warranty if promised the patient or his representative that the injury suffered would not occur.[1] Read the rest of this entry »
Standard of Care
In Washington by statute medical malpractice claims must be brought under one of three theories.
- Failure to follow the accepted standard of care
- Breach of warranty
- Failure to Provide informed consent[1]
The standard of care has two elements: Read the rest of this entry »
