Medical Malpractice Blog Bellingham

Seeking Justice for Sexual Misconduct by a Medical Professional

We place a lot of trust in doctors to help keep our minds and bodies healthy. While the vast majority of health professionals are committed to acting with the utmost integrity, there are a tiny percentage who are predators. When a doctor or other medical professional sexually assaults or acts indecently with a patient, they have broken the duty of care they are expected to uphold and should be held accountable for their actions. Civil lawsuits for sexual misconduct fall under personal injury laws while criminal charges fall under criminal law.

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Does Sexual Misconduct Fall Under Medical Malpractice?

We trust doctors and other healthcare professionals to provide competent and respectful medical care and this is what we get the vast majority of the time. In rare cases, a healthcare professional breaks the trust given to them by acting in a negligent or inappropriate way. When a doctor uses their position of power or authority to make unwelcome and/or inappropriate sexual contact or sexual comments, sexual misconduct may have occurred. Sexual misconduct is a type of medical malpractice.

Patients who are victimized by sexual misconduct have the right to hold the medical professional accountable for their actions. A medical malpractice claim may be appropriate. Speak to a medical malpractice attorney who can discuss your legal rights and options.

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Wrongful Life Lawsuit Awards Plaintiff $10M After Seattle Nurse Gives Flu Shot Instead of Birth Control

According to reporting by the Seattle Times, a federal judge has awarded just over $10 million in a wrongful life lawsuit brought against the government for the negligence of a nurse at a federally funded health care clinic. The suit was brought because of an unwanted pregnancy caused by the nurse’s negligence when she administered a flu shot instead of the quarterly birth control injection. The negligent action ended in the birth of a severely disabled child and the birth injury award is intended to pay for the future care of the child, now eight years old.

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Family Sues Seattle Children’s Hospital For Mold Found in Baby’s Heart After Surgery Causes Serious Illness

As reported on seattletimes.com, the family of a baby boy who ended up in critical condition after open-heart surgery at Seattle Children’s hospital has brought a negligence suit against the hospital for failure to disclose unsafe conditions in the hospital’s operating rooms. The infant – who was only six days old at the time he underwent open-heart surgery at Seattle Children’s hospital in October, 2019 – became gravely ill with a mold infection in his heart one-month post-surgery. The plaintiffs explain that they would not have chosen to have the surgery at Seattle Children’s hospital had they known about the mold issue. The family has had to rent an apartment near the hospital and says that their son has had respiratory and heart failure and needs another surgery. He may not be ready for release until his first birthday in September.

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When Can I Sue a Hospital for Medical Negligence?

If you or a loved one was injured at a hospital because of negligence, you may be wondering if it is appropriate to sue for negligence to recover damages. Specifically, when is it appropriate to sue a hospital for negligence versus an individual medical professional?

First, let’s define medical negligence

Medical negligence is the fault theory used in most medical malpractice cases. It has occurred when a medical professional performs their job in a way that breaks their duty of care by deviating from the accepted medical standard of care. Medical negligence qualifies as medical malpractice when the medical professional’s negligent conduct causes injury to the patient.

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What is a Doctor’s Duty of Care?

Medical doctors and other health professionals owe a duty of care to their patients. A duty of care is the legal obligation doctors owe their patients to provide treatment in line with appropriate levels of care under the circumstances. This legal obligation is the first step in proving any medical malpractice claim.

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What’s the Difference Between Wrongful Death and Medical Malpractice?

When a person is injured or dies as a result of the negligence of another, they may be able to file a personal injury claim to recover damages. While both wrongful death and medical malpractice fall under tort law, the appropriate type of claim depends on the circumstances and type of injury. Medical malpractice is a specific subset of tort law that aims to hold professional negligence accountable while wrongful death law is applied in tort cases where the defendant’s behavior resulted in the death of the victim.

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CDC Report Shows U.S. Maternal Mortality Affects Women Up to a Year After Delivery: Most Deaths Preventable

A 2019 CDC report casts light on a tragic reality in the United States: too many American women are dying from pregnancy-related complications up to a year after delivering their babies. A report released by the CDC today underscores the tragedy. The report found that including maternal deaths during pregnancy, at birth, or within 42 days of birth, the overall 2018 U.S. maternal mortality rate was 17.4 deaths per 100,000 live births. Clearly, the rate would be higher if it had included deaths up to 52 weeks after birth. The U.S. ranks 10^th for maternal mortality among 10 other similarly wealthy countries.

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Boarding Patients in Emergency Room Hallways Can Increase Risk of Medical Error

The reality in most emergency rooms around that country is that many patients wait several hours to be evaluated, treated and finally admitted to the hospital. Far too often, patients end of “boarding” in emergency room hallways as they await for a hospital bed to open. This opinion piece published on NPR, talks of a bedridden patient with chest pain who spent 47 hours in the hallway before they were finally moved into an open spot in the cardiac unit. According to the Centers for Disease Control and Prevention, in 2016, two-thirds of American hospitals boarded patients in the ER for more than two hours while waiting for an inpatient bed, affecting about one in five patients.

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New Jersey Patient Receives Kidney Intended for a Different Patient: Wrong Patient Surgery

As reported by the BBC.com, a patient at a New Jersey hospital was given a kidney meant for a different patient earlier this month. The patients – who have not been identified – had the same name and were of a similar age. The wrong patient surgery was discovered one day after the transplant surgery by a member of the hospital’s clinical team. A spokesperson for the hospital says that this was an “unprecedented event” and that both patients have now received kidneys and are doing well. The patient who was supposed to receive the original kidney was given a different one about a week later.

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