FAQs
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IMPORTANT: If you believe that you or a family member has been injured by someone else’s negligence, do not delay in consulting an attorney. Do not assume that you have plenty of time to call a lawyer. The above is only general information and may or may not apply to your case. Also, Congress and/or the state legislature may change the statute of limitations at any time. Conversely, even if it has been several years since you were injured, do not assume the limitations period has run. Call us and we will evaluate whether your claim can still be pursued.
A: Simply stated medical malpractice is an error in diagnosis, treatment or care by a health care professional. When such negligence results in injury to a patient, three major factors determine the possibility of a legal case including:
- the degree of professional “duty” owed the patient,
- an understanding of the acceptable standard of care, and
- the amount of time since the negligence occurred.
Medical malpractice cases may be brought against hospitals, clinics or anyone with whom there is a health care provider-patient relationship. These cases are generally complex and difficult to win without careful, vigilant research and knowledge. That’s why it’s important to talk with an attorney as soon as possible.
A: Serious Personal Injury is life-threatening and/or disabling physical or mental damage caused by an accident which was caused by someone else’s negligence. Generally this type of injury is the result of a dangerous situation or an unsafe product and is not the fault of the victim.
A: The Medical Quality Assurance Commission, a division of the Washington State Department of Health, provides consumers with information regarding health care providers and access to regulations regarding the practice of medicine. The Quality Assurance Commission is also the place to file a complaint against a doctor for violations of law.
Filing a complaint with the Medical Quality Assurance Commission is completely separate from and different than filing a medical malpractice lawsuit. Under some circumstances—typically in billing disputes—the Commission may require a health care provider to refund fees collected from a patient. The Commission has no jurisdiction over compensation due to medical malpractice. Medical malpractice cases must be pursued in a civil action.
A: At Morrow Kidman Tinker, we recommend that you talk with an attorney who:
- focuses in the specific area of malpractice law,
- demonstrates years of experience as well as results for their clients,
- understands medicine, and
- does not charge legal fees until the case is won.
A: In Washington state, you have the right to access your own medical records. A health care provider may charge a copying fee before giving you a copy of your records, but cannot withhold records because you have an outstanding bill. Upon a written request from you, a health care provider must give you access to or a copy of your medical records.
Here is the Washington state law covering medical records.
