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I represent individuals injured in car accidents, motorcycle accidents, truck accidents, boating accidents, bicycle accidents and pedestrian accidents.  I also handle medical malpractice, dog attack and wrongful death claims.

Elements. To sue for medical malpractice, you must prove four elements: duty, breach, causation and damages.   Allow me to explain.

Duty. A physician must treat a patient at the professional standard of care of the average physician in the medical community.  Sdpecialists must meet or exceed the standard of care of specialists in their area of specialty.

Breach. A physician breaches his duty of care if he does not meet the standards discussed above.

Causation. You must also prove that that breach directly caused your damages.   For example, a patient is allergic to medication X. The doctor knows about the allergy and prescribes medication X in error.  You have a heart attack and die.  The patient was allergic to medication X, but the allergic side effects do not include heart attacks.   Therefore, there was no causation between the wrongly prescribed medicine and the heart attack. There is no cause of action for malpractice.   Conversely, ff one of the allergic side effects was heart failure, there would a cause of action for medical malpractice.

Damages. Once it is shown that the physician has breached his duty of care and that breach has caused the harm in question, you must show that you have monetary damages. Sometimes, a physician has breached his duty of care causing injuries, but there are no monetary damages.  Above, the doctor prescribed medication X he knew you were allergic to.  If you only sneezed a few times and got watery eyes for a few hours not causing lost work or any pain, you would not be able to sue for medical malpractice because you sustained no monetary damages.  Conversely, if you develop severe sneezing and watery eyes that persisted for several months causing you to miss work and experience great pain and irritation, there would be monetary damages and you could therefore sue for medical practice.

Attorney Jonathan Gill, Salmon Creek Law Offices, (360) 576-5322

The unexpected death of a family member is devastating.  It is even more devastating when the death is caused by the negligence of someone else. Wrongful death can arise from a car, truck, bicycle or motorcycle accident; accidental shooting; or medical or dental malpractice.

When you lose a loved one at the hands of another, not only must you make the normal arrangements, you are forced to deal with the insurance company of the wrong-doer and your own insurance company.  It is common for the insurance company to make you feel like they are on your side and that they want you to get the money you deserve quickly.

BEWARE. Despite what the television commercials portray, insurance companies exist to make money. Therefore, the insurance company you are dealing with (including your own insurance company) is acting 100%  in their best interest. The earlier they can get you to settle a claim before you are aware of the full extent of your loss, the better it is financially for the insurance company.  If you are not willing to settle quickly and not represented by an attorney, the insurance company will drag things on and on.  Without the real possibility of a lawsuit, the insurance company has absolutely no reason to settle.  The longer the insurance company can keep the money to which you are entitled, the more interest they can earn from your money.

Insurance Company Behavior. Consider this:  IF insurance companies behaved ethically, honestly, fairly– there would be no need for attorneys and especially no need for laws protecting consumers from insurance companies.

There are many ins and outs of  a wrongful death claim.  Make sure you have an attorney on your side looking after your best interest — be assured, the insurance company will be looking after their best interest.

Attorney Jonathan Gill, Salmon Creek Law Offices, (360) 576-5322

The State of  Washington requires that motorists carry minimal amounts of insurance coverage.  The problem is actually accessing the insurance proceeds after you are injured.  These insurance proceeds are the very same that you pay your monthly premiums on.  However, when it comes to actually paying out, the insurance company has an agenda far different than yours.  Your agenda is to be made whole for your losses.  The insurance company’s agenda, on the other hand, is to make money.  For an insurance company to make money it must collect enough premiums to pay all of its employees and for all its big skyscrapers and for all of the claims made.   That is why insurance companies never want to pay the full amount of the claim.  Further, if insurance companies paid the fair and full amount of every claim, there would be no need for attorneys.

Do not take an early settlement offer–contact an attorney to ensure you get what you are entitled to.

Attorney Jon Gill, Salmon Creek Law Offices, (360) 576-5322

In order to sue for medical malpractice, the plaintiff must prove four elements. These elements include duty, breach, causation and damages. Let me explain each in turn.

Duty. A physician has the duty to treat a patient at the professional standard of care of the average physician in the medical community. Medical specialists must meet or exceed the standard of care of specialists in their area of specialty.

Breach. A physician breaches his duty of care when his actions do not meet professional standards set by the medical community.

Causation. Not only must a plaintiff prove the physician breached his duty of care, the plaintiff must prove that that breach was the cause of the patient’s damages. For example, a patient is allergic to a specific medication. The patient’s physician is aware of the allergy and treats the patient with that medication in error. The patient has a heart attack and dies. Though the patient was allergic to the medication, none of the allergic side effects include heart attacks. There was no causation between the medicine and the heart attack. The patient therefore had no cause of action and could not sue the doctor for malpractice. If one of the allergic side effects was heart failure, the patient would have a cause of action for medical malpractice against the physician.

Damages. Once a plaintiff has shown that the physician has breached his duty of care, and that breach has caused the harm in question, the plaintiff must show that he has monetary damages. Sometimes, a physician has breached his duty of care causing injuries, but there are no significant damages. In the above example, a physician could administer medication he knew his patient was allergic to. The patient sneezed a few times and got watery eyes for a few hours not causing lost work or any pain. In this scenario, the patient would not be able to sue for medical malpractice because he sustained no monetary damages. Conversely, if the patient develops severe sneezing and watery eyes that persisted for several weeks causing him to miss work and experience great pain and irritation, there would be monetary damages and the patient could therefore sue his physician for medical practice. There are many potential medical malpractice lawsuits where the plaintiff cannot show that he has experienced monetary loss.

Attorney Jonathan Gill, Salmon Creek Law Offices, (360) 576-5322