Legal Question in Medical Malpractice in Washington

Re: Exposed to a chronic uncurable disease at the hospital

I read Ms. Savard's comments, and largely agree with them. I would add that it may be that you contracted something through contaminated blood, and there is sometimes a claim that can be made for that, if not for other reasons as well. You will indeed need to get a full set of your medical records -- at leat from that hospital visit on -- and contact a lawyer who handles such claims. I know our office uses a Washington medico-legal firm to review such records, to see if there is a reasonable legal and factual basis to proceed with a claim. These medical reviews from this firm usually cost a minimum of $1,500, from my experience.

Incidentally, I should tell you I'm an Oregon lawyer, and NOT a member of the Washington bar, although my firm handles cases up there frequently, either by associating local counsel, or more recently through our associate, who IS a member of the Washington bar.

If you wish to email us privately at [email protected], please indicate the type of procedure and condition which put you in the hospital in the first place, and the exact nature of the incurable illness you mentioned. In any event, good luck to you.

Please note that there is a statute of limitations which will apply to your case. This means that if you have not either settled or filed a lawsuit within the period of the statute, then, you may be barred from bringing a claim beyond that.

Sam Hochberg

www.YourInjuryLawyers.com

Re: Exposed to a chronic uncurable disease at the hospital

It's difficult to tell from your description if the disease is a result of being in the hospital or something the hospital did to you. If you contracted a disease from simply being in the hospital, it's referred to as a nosocomial infection. You may have several causes of action against a hospital for a nosocomial infection, such as staph or Legionnaire's disease, but the most common are negligence and informed consent.

If your disease is a result of a blood transfusion or some other physical act, you may also have claims against the hospital.

I did a quick search on nosocomial in Washington's case law and no cases were found. This could mean that the cases are settled out-of-court or that the cases are too difficult to prove so plaintiff's attorneys are not filing lawsuits.

An additional problem is the hospital's nosocomial stats. Hospitals usually try to keep that information very quiet so they will make every effort to have the court rule it privileged.

You will need to obtain a complete copy of your hospital (from Medicla Records Department) and doctor's records as well as the results from all lab tests and request an attorney review the information. The attorney will probably have a nurse paralegal review the records and comment on the possibility of medical malpractice.

I wish you the best with your case.