Medical Malpractice

A death or injury that results from a needless and preventable medical error — a child who sustains brain damage at birth, or a cancer misdiagnosis that leads to improper treatment — can be among the most devastating tragedies. The injustice is made worse when the injured individual and family members are denied access to information about how the error occurred. The Luvera Law Firm specializes in these cases, using the justice system to unlock doors to the truth behind medical negligence, secure appropriate compensation for the victim and family, and make changes in medical policies and procedures resulting in increased safety for everyone.

We will assist you regarding new medical malpractice  laws which became effective June 5, 2006 in the state of Washington. There is now a three year time limit for filing suit which applies to everyone, including children. Before you can file a lawsuit you must give notice that you intend to sue to the defendant 90 days ahead of filing. You are required to file with the lawsuit a certificate by a qualified expert that the case has merit. Damages including reasonable attorney fees can be awarded for filing frivolous cases. The law also provides for arbitration, without a jury, of cases with damages limited to $1 Million dollars, however, all parties must agree to arbitrate and no one party can force arbitration.

Medical professionals — including doctors, nurses and other clinicians — and healthcare facilities are held to established standards when caring for patients. Medical malpractice cases involve situations where a healthcare provider or organization makes an avoidable mistake, or creates an error-prone care environment that leads to injury or death.

The Luvera Law Firm has represented clients of all ages with a wide range of serious medical negligence claims, and has extensive experience in cases of obstetrical, neonatal and pediatric negligence. We have a host of experience regarding medical malpractice cases, including:

• Evaluating the merit of each case.
• Dealing with healthcare organizations to gain access to medical records, clinicians, and other evidence to support a client’s negligence claim.
• Finding qualified physicians and other expert witnesses to evaluate individual cases and testify to medical malpractice, as required by law.
• Working with experts to calculate lost income and other damages that can be documented. We also evaluate damages that result from other losses, such as diminished activity or lifestyle.
• Handling trials as well as settlement negotiations, based on what will achieve the best outcome for our clients. Often, trials can be emotional and stressful experiences for plaintiffs — we are skilled at determining the most effective way to maximize success while minimizing the impact to our clients.
• Navigating the maze of time limits and other legal technicalities on filing lawsuits and making claims.