Category Archives: Medical Malpractice
Courts Rule Parents of Developmentally Disabled Have no Wrongful Death Claim
The parents of a 26 year old developmentally disabled adult sued for wrongful death, alleging a pharmacy refilled their son’s prescription for anti-seizure mediation at a higher than required dosage, and that lowering the dosage approximately two months later resulted in his death. The trial court dismissed the claim, not because it lacked merit, but […]
Continue readingWrongful Death Medical Malpractice Causation Issue
Our law firm did not participate in the lawsuit described in this article. In a recent opinion the Washington Court of Appeals upheld the dismissal of a medical malpractice claim in a case in which a doctor admittedly overdosed leukemia medication.[1] The patient was a young girl. The doctor in question admitted to administering about […]
Continue readingDismissal of Medical Malpractice Claim Overturned
The Washington Court of Appeals recently overturned the summary dismissal of a medical negligence.[1] The patient went to a general surgeon for an enlarged thyroid. The general surgeon advised the patient that a subtotal thyroidectomy (removal of only a portion of the thyroid) was appropriate and performed the surgery. During surgery he could not identify […]
Continue readingMedical Malpractice Statute Notice Requirements Declared Unconstitutional
Our law firm was not involved in the personal injury lawsuit described in this article. Washington medical malpractice statutes had required an injury claimant to both obtain a certificate of merit from an expert before filing suit and to give 90 days notice to a health care provider before filing suit.
Continue readingCourt 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.
Continue readingWashington 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 […]
Continue readingNew 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 […]
Continue readingPersonal 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.
Continue readingExpert Testimony
Expert testimony is generally required in a medical malpractice case to establish the standard of care and causation. The expert must practice in the same field of medicine, but not necessarily in the precise specialty.[1]
Continue readingInformed Consent
A medical provider may be liable for lack of informed consent. The test of informed consent has four elements: 1) That the health care provider failed to inform the patient of a material fact or facts relating to the treatment; 2) That the patient consented to the treatment without being aware of or fully informed […]
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