Medical Malpractice

The Essential Data in Medical-Legal Cases

As a legal nurse, I help attorneys make sense of the medical data in their cases. Medical records often contain hundreds, or even thousands of pages, and pinpointing what truly matters requires both clinical expertise and context. Knowledge gaps can create barriers to justice. When attorneys review medical data alone, they risk overlooking or misinterpreting details that are essential for getting justice for their clients. Consider some common scenarios. In personal injury and medical malpractice cases, attorneys frequently rely on Department of Insurance reports to establish fault and standard-of-care failures. This approach doesn’t account for preexisting conditions, alternate causation, or future care needs that help protect against the defense and increase case value.

by NWSidebar

How Inadequate Grievance Documentation Alters the Legal Landscape

In healthcare litigation, patient grievance logs are vital evidence, revealing organizational awareness of safety concerns. Federal regulations mandate hospitals to track and address grievances, influencing liability and institutional negligence claims. Properly managed grievance processes and multidisciplinary reviews are crucial for regulatory compliance and effective risk management in hospitals.

by NWSidebar

Court of Appeals Navigates Intersection of Doctor-Patient and Attorney-Client Privileges

The Washington Court of Appeals ruled in Snyder v. Virginia Mason Medical Center on the limits of doctor-patient and attorney-client privileges in medical malpractice cases. The court determined that former employee-doctors cannot be contacted ex parte by defense counsel, requiring that interviews involve the plaintiff’s lawyer or be conducted as depositions.

by NWSidebar

Mental Health Professionals Now Subject to Expanding Tort Liability

A recent Supreme Court ruling extends psychiatrists’ duty to people harmed by their client even if the client never mentioned a threat. The Washington Supreme Court recently extended the potential duty a psychiatrist owes to people harmed by their outpatient clients. In Volk v. DeMeerleer, 187 Wn.2d 241, 386 P.3d 254 (2016), the Court extended […]

by NWSidebar

Emerging Regional Consensus: Prohibiting Indemnification by Plaintiffs’ Counsel

In 1997, the Bar issued ethics advisory opinion No. 1736, addressing whether a claimants’ counsel could indemnify a settling defendant to protect the defendant from outstanding liens that might encumber the settlement. The Bar concluded that the answer was “no” because that would constitute a form of financial assistance beyond the narrow parameters of the rules of […]

by NWSidebar

What’s the Statue of Limitations on Minor Medical Malpractice Claims?

Learn how Schroeder v. Weighall, M.D. impacts med-mal claims by minors. A minor’s medical malpractice claim has traditionally been subject to the same statute of limitation requirements as that of an adult. However, the recent Washington Supreme Court decision of Schroeder v. Weighall, M.D., et al., has declared RCW 4.16.190(2) unconstitutional.