Medical errors are common and can result in life-altering injuries or wrongful death. When healthcare professionals fail to uphold the accepted standard of care, a Washington Medical Malpractice Lawyer can help victims hold them accountable.

Generally, victims must file within three years of the underlying malpractice. However, under certain circumstances, the statute of limitations can be tolled such as when a foreign object is left inside a patient or the malpractice is concealed through fraud.

Statute of Limitations

As many Washington residents are aware, healthcare professionals and hospitals make mistakes that can cause severe injuries to patients. When these acts or omissions violate the standard of care, victims can seek compensation for their losses through a medical malpractice claim.

However, determining when the standard of care was violated can be difficult. This is why the statute of limitations imposes time limits within which victims must file claims. This helps ensure that the claims are filed timely, preserving valuable evidence and witness recollections.

In cases involving alleged medical malpractice, the statute of limitations in Washington is typically three years from the date of the malpractice. But the clock may be “tolled” if the injury was caused by a foreign object left behind after an operation, if the malpractice victim was a minor at the time of the error, or if the healthcare provider committed fraud and concealed the error.

In addition, Washington law requires all parties in a malpractice case to undergo mediation before proceeding to trial. This requirement can only be bypassed if both parties agree to mandatory arbitration or a judge deems mediation inappropriate and the case should go straight to a jury trial.

Cause-in-Fact Test

When you visit a doctor, nurse, or other healthcare professional, you expect them to be knowledgeable and focused on getting the job done right. Unfortunately, when they make mistakes that result in serious injuries and even death, patients like you are left to deal with the consequences.

To file a medical malpractice lawsuit in Washington, your lawyer must show that you were harmed by the healthcare provider’s actions. The first step is establishing that there was an official doctor-patient relationship. If a physician makes a joke at a party and someone takes it seriously, they cannot file a medical malpractice claim for the resulting injuries.

The second step is proving that the healthcare provider’s action deviated from the standard of care and directly caused your injury. This requires expert testimony, which is essential to the success of your case. Washington does not impose damages caps for medical malpractice cases, but noneconomic damage awards are calculated using a formula.

Causation Test

In most medical malpractice cases, a plaintiff must demonstrate that their healthcare provider failed to provide care up to the accepted standard of practice and this failure caused injury. This is referred to as legal causation.

A lawyer may need to review medical records and employment arrangements to identify all potentially responsible parties. Then, an attorney can develop evidence to prove negligence.

For example, a patient who suffered injuries due to anesthesia-related errors might sue the doctors and nurses who administered the drugs and monitored the patient. However, the hospital could also be held liable under a doctrine known as respondeat superior.

Many injured patients require life-long treatments and ongoing accommodations. Others have endured the loss of a loved one to wrongful death. A successful malpractice claim can help recover compensation for losses such as lost wages, medical costs, pain and suffering, and lost quality of life. It can even include punitive damages in egregious cases.

Damages

Washington is renowned for its medical excellence, hosting institutions like the University of Washington Medical Center and Seattle Children’s Hospital. However, even the best healthcare professionals can make mistakes that can cause significant harm to patients.

To win a medical malpractice claim, it’s necessary to demonstrate that the defendant breached the applicable standard of care and that this breach proximately caused your injury. This requires expert testimony from someone with knowledge, skill, experience, and training in the same or substantially similar healthcare profession as the defendant.

Unlike most other states, Washington does not have caps on damages awarded in medical malpractice claims. This allows your compensation to be tied directly to the severity and impact of your injuries. Additionally, your damages could include non-tangible losses like pain and suffering and loss of enjoyment of life. Finally, your lawyer may be able to secure punitive damages if the defendant’s actions were particularly harmful and showed malice or a reckless disregard for patient safety.