Not in the Dictionary

A doctor misdiagnosed a woman’s ectopic pregnancy and removed the wrong Fallopian tube. The woman later had the other Fallopian tube removed in a second surgery. She sued. The jury returned a verdict of $71,795.53. When the jury deliberated one juror looked up the word “negligence” in a dictionary (even though it is properly defined […]

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As in Baseball, No Medical Malpractice “Team” Errors

The Court of Appeals ruling discussed in the post was later overturned by the Washington State Supreme Court.   The Washington Court of Appeals recently upheld the trial court in finding that in Washington medical malpractice law – as in baseball – there is no such thing as a “team” error.[1] A man underwent a […]

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Man Finds Lump on His Ankle – Has a Seizure a Year Later

A man found a lump on his right ankle causing him minor discomfort. He went to his doctor, who tentatively diagnosed the lump as a benign ganglion cyst, ordered an x-ray of the ankle to ensure no structural defects, referred the man to an orthopedic specialist, and instructed him to follow-up as necessary. The man […]

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No Magic Words

A woman had a pacemaker. She went to her doctor. She was told her pacemaker had about five to six months battery life before needing to be replaced. A month later, the woman died of cardiac arrhythmia. During an autopsy the pacemaker was removed and tested. The battery voltage was below end-of-life level, contrary to […]

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But Do You Swear it was Malpractice?

  John Doe goes to the dentist. The dentist does a lot of work on John’s teeth. Later John goes to a second dentist. The second dentist concludes the first dentist did some work wrong, and now John needs some corrective work done.

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One Drove Over the Cuckoo’s Nest – Mentally Disturbed Woman’s Estate Sues Hospital

A mentally disturbed woman died in a single-car accident after admitting herself for psychiatric treatment, then being released.

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Racially Charged Statements in Medical Malpractice Case

A woman who suffered from kidney disease had a disagreement with her doctor and stopped receiving medical care. She relocated and changed doctors.

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Lost Chance for a Better Outcome

Suppose because of medical negligence the patient’s chances of survival – or other better outcome – are significantly reduced, but perhaps still less than even. The doctors might argue that even though they were negligent, their negligence did not cause the patient’s death.    That argument fails in Washington. Washington courts recognize the cause of […]

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