Understanding Informed Consent

Our country is founded on the importance of allowing individuals to make decisions for themselves. When it comes to your health, this principle should be no different.

doctors talking with patientHowever, the issue becomes more thorny in certain health cases. Victims of traumatic brain injuries, for example, are sometimes rendered incapable of response for weeks or months. In many cases, the elderly suffer a precipitous slide into dementia, which leaves a formerly capable person helpless to understand important issues about his or her health.

The fact is that, while we all recognize the importance of having a contingency plan for our health care, most injuries come in unexpected forms at unexpected times.

At the Perey Law Group, we have decades of experience representing victims in a variety of medical cases. One type of case we encounter is the malpractice case resulting from a lack of informed consent. Continue reading

Real-Life Stories of Tragedy and Triumph

Family walking on the beachAt Perey Law, our proudest moments come when we see a client’s patience and perseverance rewarded with justice. In cases of birth injury and resulting defects, however, this pride comes with profound sorrow.

Despite the sorrow, it is still a tremendous privilege to stand by these brave clients and help them fight for the resources to recover and move forward with their lives.

On our Verdicts page, you can read about the successful cases we have fought on behalf of our clients. Here are just a few. Continue reading

Malpractice Case Sparks Change in Washington Law

When he was 9 years old, Jaryd Schroeder was taken to the hospital for a variety of painful symptoms. He suffered from double vision, headaches, dizziness and weakness in his legs. He was examined by a doctor at a Richland radiology clinic; the MRI test showed that everything was normal.

After another eight years of suffering the same symptoms, Schroeder had another MRI. This time, he had it done elsewhere, and the test revealed that his brain was protruding into his spinal canal.

On the eve of his 19th birthday, Schroeder brought a medical malpractice suit against the Richland clinic and Dr. Steve Weighall.

The case quickly became something much bigger. Continue reading

Detecting Birth Defect Negligence

In today’s progressive climate of neonatal medicine, birth injury is rare enough that few people anticipate it. After centuries of childbirth being known as a dangerous and unpredictable undertaking, an average of 6 to 8 injuries per 1000 live births seems like a great step forward.

However, for the percentage of those affected, it might as well still be the Middle Ages. The experience of seeing your newborn child suffer within moments of entering the world cannot be reduced to a statistic. Continue reading

A Parents’ Guide to Preventing Birth Defects Before It’s Too Late

Download Guide to Preventing Birth Defects eBookEach year approximately 120,000 babies are born with birth defects. In an effort to battle this statistic and to provide support to expecting parents, we have created a free resource with comprehensive information about how to prevent birth defects from occurring. While not all can be prevented, awareness, education and proactive efforts can help increase your chance of having a healthy baby. Since development of many of these defects begins in the first trimester of pregnancy, prenatal care is the best method for prevention.

We created this e-book for soon-to-be parents to serve as a helpful guide. The e-book identifies an action plan to help prevent birth defects and focus on lifestyle improvements. It also shows evidence of how certain medications can affect you and your baby during pregnancy. The key to prevention begins with awareness. By using this resource, parents can better prepare their baby for a healthy future.

Download the free eBook “Expecting Parents Guide to Preventing Birth Defects.”

$30 Million Awarded to Washington Woman After Surgical Blunder

A woman in North Central Washington who went to the hospital for laser surgery and left unable to speak will receive a total of $30 million after succeeding in her medical malpractice case.

Becky Anderson, 55, was undergoing laser surgery last year at Central Washington Hospital to remove polyps from her vocal chords when “a fire occurred in her throat,” according to a recent report by the Yakima Herald.

Due to the severity of her injuries, Anderson was flown to Harborview Medical Center in Seattle to undergo extensive care and numerous surgeries. She was still a patient there when she filed a lawsuit in May 2012. Continue reading

4 Subtle but Serious Ways Doctors Can be Negligent

Success in a medical malpractice case in Washington state requires proving three seemingly straightforward things. It must be shown that:

  1. An injury occurred
  2. The accepted standard of care was breached
  3. The breach and the injury are connected

Within these three categories, however, the law becomes complex and nuanced. A breach in the standard of care is not always obvious. There may be clear wrongdoing, such as when a surgeon operates on the wrong body part or an oncologist diagnoses pneumonia when it’s really cancer. But, more commonly, the negligence is not so glaring.  Continue reading

Hospital Negligence May Kill Nearly 450,000 Each Year

Hospital errors may be the third most common cause of death in the U.S., according to a new study in the Journal of Patient Safety. The study estimates that as many as 440,000 deaths occur because of negligent care in hospitals every year.

That is far more than the 98,000 deaths estimated in an often-cited 1999 report by the called “To Err is Human” by the Institute of Medicine. Prominent researchers are deeming the methods used in the new study credible. Continue reading

27-Year-Old Cancer Patient Wins Medical Malpractice Case

On Sept. 9, Shilisa Rhodes was awarded $4.4 million for negligent care provided by her primary care physician, Jamie Hill-Daniel, and Unity Health Care. Hill-Daniel failed to diagnose Rhodes’ breast cancer when she went in with complaints of lumps and tenderness in 2009. Her cancer had progressed to incurable Stage IV by the time it was diagnosed in March 2011.

Rhodes is just 27. She is the mother of two children. Continue reading

Robot Maker Wins First Case, But Faces More Trials

In 2008, Fred Taylor underwent surgery to remove his prostate. His procedure was performed with a surgical robot, but, after complications, his surgeon had to resort to traditional methods to complete the operation. For the next 4 years, Taylor suffered from complications linked to surgical errors, which eventually led to his death.

In May 2013, a jury found that Intuitive Surgical Inc., the maker of the da Vinci Surgical System used on Taylor, was not legally responsible for Taylor’s injuries. Taylor’s family had brought suit against Intuitive Surgical Inc., claiming that they were negligent in their training practices. There are at least 25 pending lawsuits against Intuitive, and some feel as though the loss of the first trial is bad news for other plaintiffs.

Fred Taylor’s case, however, was very unique and is not necessarily a good measure of how future juries will respond to future cases. Continue reading