When you put your trust in a doctor, surgeon, or hospital, the expectation and hope is to get better, not worse. With incidents of medical malpractice ever-increasing across the country, concern about quality of care is legitimate. With any bad outcome there should be questions about the level of care provided.
The Gilbert Law Firm is an industry leader in the representation of patients and families impacted by medical negligence. We represent patients and families across Washington who have been harmed by medical malpractice and medical negligence caused by negligent diagnosis, negligent treatment, birthing/obstetrical negligence, surgical errors, unnecessary or overly complex surgeries, lack of informed consent, nursing negligence, negligence in hospital oversight, and institutional/hospital negligence.
Medical malpractice issues can be complex and intimidating. We understand this, it’s what we do, and it’s exactly why we’re here. We listen to your story, investigate what happened, and fight for you and your loved ones against large corporate hospital systems and their villainous insurance coverage carriers.
Our Washington Medical Malpractice Services
Medical malpractice cases are some of the most complicated claims in personal injury law.
They require an attorney who can read a medical chart as fluently as a legal brief, who knows how to work with medical experts, and who isn’t afraid to take on large hospital systems and their insurers.
Bill Gilbert has built that kind of practice. Our firm has taken on some of the largest medical negligence cases in the region, including RICO based class actions against two Washington hospital systems on behalf of hundreds of patients who underwent unnecessary, excessive, or otherwise improper spine surgeries.
We have represented thousands of patients who have been harmed by medical malpractice and negligent medical care. That experience means when you hire the Gilbert Law Firm, you get a team that already knows how hospitals and their lawyers operate, and how to beat them.
Below are some of the most common forms of medical malpractice and medical negligence we handle for clients throughout Washington:
Misdiagnosis or Delayed Diagnosis:
A missed or delayed diagnosis can allow a treatable condition to become life-threatening. Medical negligence occurs when a doctor fails to follow the accepted diagnostic process or ignores critical information in a patient’s chart, resulting in the wrong diagnosis, or no diagnosis at all.
Surgical Error:
Operating on the wrong body part, leaving an instrument inside a patient, perforating an organ or vessel, or performing a procedure with more complexity or risk than was medically necessary are all forms of surgical malpractice. Our firm’s RICO litigation against two Washington neurosurgeons centered on allegations of exactly this kind of overtreatment.
Unnecessary Surgery:
Healthcare providers are obligated to recommend treatment based on what a patient needs, not what generates the most revenue. When a provider pressures a patient into surgery that isn’t medically necessary, or delivers care with reckless disregard for a patient’s safety, that provider should be held liable for the fraudulent substandard care.
Lack of Informed Consent:
Before any procedure, a patient has the right to understand the risks, benefits, and alternatives involved. When a doctor fails to fully educate the patient as to their options and the risks behind the choices being posed, and a patient is injured or suffers harm as a result, the patient may have a claim for medical malpractice based on lack of informed consent.
Medication Error:
Prescribing the wrong drug, the wrong dose, or failing to account for a patient’s allergies and existing medications can cause serious, sometimes fatal, complications. Medical providers are expected to review a patient’s full medical history before prescribing treatment.
Birth Injuries:
When a doctor or hospital fails to properly monitor a mother or baby during prenatal care and through labor and delivery, or is negligent in the delivery process, and the result is injury or harm to the child, or mother, the care team may be held responsible for their negligence. Families affected by birth injuries may be entitled to compensation covering a lifetime of care.
Who Can Be Held Liable for Medical Negligence in Washington?
To hold any of the following parties responsible, it must be shown that they owed a duty of care to the patient, that they breached that duty, and that the breach caused injury:
- A Healthcare Provider: Surgeons, nurses, anesthesiologists, and other practitioners can be individually liable for negligence. Their employer can also be held liable for the negligence of the employed care provider.
- A Healthcare Facility: A hospital or healthcare center can be held responsible for the negligence of its employees, or for its own failures, such as inadequate staff training, unsafe conditions, or a failure to follow acceptable standards of patient care.
- A Manufacturer: If a defective drug or medical device caused a patient’s injury, the manufacturer of that product may be held liable.
What Our Washington Clients Say
Our Washington Medical Malpractice Case Process
- Step One – Tell Us What Happened: Schedule a free, no-obligation consultation. We’ll listen to your story and give you an honest assessment of whether you may have a claim.
- Step Two – We Investigate With Medical Experts: Medical malpractice cases live and die on the medical evidence. We gather your medical records, consult with independent medical experts, and build the evidence needed to show what really happened.
- Step Three – We Fight for You: If we take your case, we will immediately take the fight to the negligent doctors or care providers. We handle the details, litigating, discovery work, and negotiating with hospitals, insurers, and their legal teams, all while you focus on your recovery. If they push back, we don’t back down from a fight. We have taken on some of the largest hospital systems in the country, and forced them to pay our clients compensation as justice for the negligence of the hospital and care team.
Frequently Asked Questions About Medical Malpractice in Washington
What is medical malpractice (medical negligence)?
Medical malpractice, also called medical negligence, occurs when a doctor, nurse, hospital, or other healthcare provider fails to meet the accepted standard of care, and that failure causes injury to a patient. Not every bad outcome is malpractice, the key question is whether the provider acted the way a reasonably competent provider would have under the same circumstances.
How do I know if I have a medical malpractice case?
Generally, you may have a claim if a healthcare provider owed you a duty of care, breached that duty by failing to meet the accepted standard of care, and that breach directly caused your injury. Because medical negligence cases require medical expertise to prove, it’s important to have your case reviewed by an experienced attorney.
How long do I have to file a medical malpractice claim?
Generally, you have three years from the date of the injury, or one year from when you discover, or reasonably should have discovered, the injury, whichever period is longer. There is also generally an eight-year statute of repose, though exceptions may apply in cases involving fraud, concealment, or a foreign object left in the body.
Who can be held responsible for medical negligence?
Depending on the facts of your case, liability may fall on an individual healthcare provider, the hospital or facility that employed them, or the manufacturer of a defective drug or medical device.
What compensation can I recover in a medical malpractice case?
Compensation in a successful medical malpractice claim may include past and future medical expenses, lost income, pain and suffering, and, in the case of wrongful death, compensation for the loss of a loved one. The value of a claim depends on the severity of the injury and its impact on your life.
Do I need a medical expert to prove medical negligence?
In most cases, yes. Expert testimony is generally required to establish the accepted standard of care and to show how a provider’s actions fell short of it. An experienced medical malpractice attorney will know which medical experts to consult for your specific case.
What's the difference between a bad outcome and medical malpractice?
Medicine involves risk, and not every complication or poor outcome is the result of negligence. Medical malpractice requires proof that a provider failed to meet the accepted standard of care, not simply that the outcome was disappointing or unexpected. A plaintiff generally must establish that the healthcare provider failed to exercise the degree of care, skill, and learning expected of a reasonably prudent healthcare provider at that time and in the same or similar circumstances, and that this failure was a proximate cause of the injury.
How much does it cost to hire a medical malpractice attorney?
Most medical malpractice attorneys, including our firm, work on a contingency fee basis, meaning you pay nothing upfront and no fee at all unless we recover compensation on your behalf.
Get Started on Your Washington Medical Malpractice Case Today
You trusted a medical professional to help you, not hurt you.
If that trust was broken, you don’t have to face the hospital’s legal team alone. Contact the Gilbert Law Firm today for a free, no-obligation consultation, and let us help you find out what happened and what you’re owed.
Schedule a free consultation now to tell us about your case, or fill out the form:
