There is a thriving culture in Seattle, amongst many places around the world, for exercising and staying fit. With its conducive environment and community infrastructure, it is no wonder its residents are among the country’s healthiest. The latest fitness index report even ranks Seattle as the second fittest city in America.
Other than external factors, staying fit mostly accounts for your healthy personal behaviors. That could be anywhere from proper diet and physical training to healthcare and medication. But somewhere along there, malpractice could happen. According to seattlemalpracticelawyers.com, it is a lingering risk that could cause serious injury and damages.
Why is malpractice suddenly in the picture?
To better understand why that is the case, you need to go over a few bits of information.
- Malpractice refers to negligence or incompetence by someone in a professional capacity, including people like professional trainers, nutritionists, and others who work in the fitness industry.
- Malpractice is a potential risk even to those who are healthy and have regular fitness programs. With exercise comes the risk of injury caused by negligence, or you may be the victim of malpractice during physical therapy or rehab from an injury.
- It is estimated that over 250,000 related deaths across the country occur every year related to malpractice. Of the states with the current highest malpractice payouts, the state of Washington is within the Top 20 at over $600 million.
- Most of the professionals involved with assisting and overseeing your health are prone to malpractice. From medical doctors and surgeons to therapists and counselors, over half of them have faced a malpractice suit.
The good news is that malpractice declined over 18% since 2009. However, malpractice payments jumped up to over $4.02 billion in 2018. That is the highest so far in less than a decade. So, while the frequency of malpractice has declined, the risks and their corresponding damages have seemingly become greater.
How would one know that malpractice happened?
You might have a strong feeling that your fitness trainer or health and wellness counselor did not do something right. Your reason might be valid, but it may not count as negligence, which is the primary cause of malpractice. According to the American Board of Professional Liability Attorneys, there are just three characteristics that follow malpractice.
1. There was a violation of care standards
If your health professional failed to abide by the recognized standard of care, then that would be equivalent to negligence.
2. That negligence caused an injury
Unfortunately, negligence is not enough to merit a case for malpractice. If you could prove that you sustained an injury due directly to that negligence by the health professional, then you got a case.
3. That injury caused substantial damages
Malpractice litigation generally take years and, thus, can be costly. That is why many end up with out-of-court settlements. However, if your injury caused disability, loss of income, chronic pain and suffering, or high medical bills, then a malpractice lawsuit could be feasible.
What are the typical scenarios of malpractice in Seattle?
Several grounds constitute malpractice. Consultation with a malpractice attorney will best provide you with comprehensive details on identifying cases and the litigation process. In line with fitness and training, the following are the most common sources of suits.
- Misdiagnosis. It is one of the most common reasons for negligence, and it covers several variations. In general, misdiagnosis covers incorrect treatment due to the wrong diagnosis and delayed diagnosis.
- Unauthorized treatment. Your health professional must let you know and understand the treatment or medication that you would be getting. That information goes together with knowing your health condition, available treatment options and costs, and the risks that come with those options. Failure to do so removes your right to get informed with your choices and decisions regarding your treatment. And that constitutes unauthorized treatment.
- Prescription errors. Many fitness trainers, personal coaches, and health and wellness practitioners often literally put into their own hands their preferred formula for building mass or losing weight. They generally base their “prescription” either on their experience or the experiences of others.
It is a dangerous hit-or-miss game. Whether it is for medical or fitness training purposes, the right prescription should come only from a valid licensed professional and based on the correct diagnosis.
As a place like Seattle provides the perfect backdrop and community, you must not let your guard down. Being equally vigilant with your fitness regimen and the health professionals you work with will do more than ensure you stay fit. And when that gets compromised by verifiable negligence, you can get all the assistance you need from credible malpractice lawyers.