Washington’s approach to medical malpractice claims includes unique procedural requirements
This article offers a comprehensive guide to navigating medical malpractice claims in Washington, detailing the steps to establish a claim, proving causation, understanding special procedural requirements, and the importance of hiring an experienced attorney.
Washington State has long been a hub for medical innovation and excellence, hosting institutions like the University of Washington Medical Center and Seattle Children’s Hospital, renowned for their research and patient care.
Despite Washington’s notable achievements in healthcare, it’s an unfortunate reality that medical errors can and do happen within its borders, as is the case everywhere. These errors, when they happen, profoundly affect patients and their families, undermining the trust in healthcare systems designed to protect and heal.
The process of addressing these errors through medical malpractice claims is complicated but essential for those seeking justice and compensation.
What is medical malpractice?
Medical malpractice occurs when a licensed healthcare professional’s negligent act or omission causes an injury to a patient.
Examples of acts or omissions that commonly result in medical malpractice claims include:
- Failure to diagnose an illness
- Misdiagnosis of an illness
- Prescribing improper medication or dosage
- Failure to warn a patient of known risks
- Failure to follow proper medical procedure
- Unnecessary surgery or surgery performed on the wrong site
Medical malpractice isn’t about regretting a choice or a procedure that didn’t have the hoped-for outcome despite being performed correctly; it’s about healthcare providers deviating from the standard of care.
In 2022, the latest year for which we have data, Washington saw approximately 1.91 medical malpractice payments for every 100,000 people. For comparison, New Mexico reported the highest rate of medical malpractice payments at 7.42 per 100,000 people, whereas Minnesota had the lowest, with just 0.66.
Who can be sued for medical malpractice in Washington?
In Washington, a range of healthcare providers can be held accountable under medical malpractice laws. This includes, but isn’t limited to:
- Physicians
- Nurses
- Physical therapists
- Chiropractors
- Dentists
- Dental hygienists
- Pharmacists
- Pharmacy technicians
- Physician assistants
- Radiologists
Proving medical malpractice in Washington
To establish a medical malpractice claim in Washington, an injured patient must prove the following two elements:
- The healthcare professional failed to exercise the degree of care and skill expected of a reasonable healthcare professional in the same position, and
- Such failure was the proximate cause of the plaintiff’s injury.
Due to the technical nature of medical treatments, expert testimony is typically required to determine whether the healthcare professional’s actions fell below the applicable standard of care.
Establishing causation in medical malpractice cases
One of the most challenging aspects of establishing a medical malpractice claim in Washington, or any jurisdiction, is proving causation. This means that the plaintiff must demonstrate not only that the healthcare professional failed to provide the requisite standard of care but also that this failure was the proximate cause of the plaintiff’s injuries.
Proving causation often requires a nuanced understanding of medical science and a clear linkage between the professional’s action (or lack thereof) and the harm suffered by the patient.
Let’s consider a hypothetical scenario to illustrate the challenges of proving causation in medical malpractice cases:
Sarah, a resident of Tacoma, Washington, has a pre-existing condition of mild but manageable asthma. She visits Dr. Green, a pulmonologist, for a routine check-up. During her visit, Dr. Green prescribes a new asthma medication that has recently become available. Sarah starts the medication but soon experiences severe respiratory issues, leading to an emergency hospitalization.
In considering a medical malpractice claim, Sarah faces the significant challenge of proving that her severe respiratory issues were directly caused by the new medication prescribed by Dr. Green, rather than her pre-existing asthma or another unrelated factor. The complexity of this situation lies in distinguishing the effects of the new medication from the natural progression of her existing condition or other potential causes of her worsened health.
To successfully establish causation, Sarah would need expert testimony that can convincingly argue that her severe respiratory issues were unlikely to have occurred solely due to her pre-existing asthma or other causes, and that the new medication, when prescribed to someone with her medical history, would foreseeably lead to the complications she experienced. This might involve detailed medical analysis of her health records, the known side effects of the medication, and statistical data on similar cases.
Special procedural requirements in Washington
Medical malpractice claims often have more stringent and specific procedural requirements than other personal injury cases.
For example, Washington requires parties to go through a mediation process in an attempt to resolve the claim before they are permitted to proceed to trial. What’s more, expert medical testimony on the issue of proximate cause is required in most medical malpractice cases.
Given these and other complexities, the importance of hiring an attorney with experience litigating medical malpractice claims cannot be overstated. An experienced attorney can navigate the intricate procedural requirements, understand the nuances of medical evidence, and effectively advocate for their client.
Learn more about how to find the best medical malpractice attorney for your case.
Time limits for filing a medical malpractice claim
Every state has a statute of limitations that determines how long you have to file a lawsuit. In Washington, the statute of limitations for most medical malpractice lawsuits is 3 years from the date of the malpractice.
However, there are some exceptions you should know about:
- Discovery rule: The discovery rule may extend the statute of limitations. In short, you can file your medical malpractice lawsuit one year after you discovered or reasonably should have discovered the injury caused by the malpractice, which might be more than three years after the malpractice occurred.
- Minors: For minors (children under the age of 18), the statute of limitations does not begin until they reach the age of 18. However, there is an overall cap; the lawsuit must be filed by the time the child turns 21.
- Incapacitation: If the person injured by medical malpractice is legally incapacitated, the statute of limitations may be paused during the period of incapacitation.
- Fraudulent concealment: If a healthcare provider has fraudulently concealed the malpractice, the statute of limitations may be extended, as the clock starts ticking once the patient discovers or, with reasonable diligence, should have discovered the concealment.
Types of medical malpractice damages
In a Washington medical malpractice case, you can recover the following damages:
- Economic damages represent the monetary losses resulting from the injury, such as medical expenses (past and future) and lost wages (past and future).
- Non-economic damages represent the non-monetary losses resulting from the injury, such as pain and suffering and loss of consortium.
- Punitive damages are intended to punish the defendant and are only awarded when the defendant acted intentionally or with gross negligence.
Washington’s good Samaritan laws
It’s also important to be aware of Washington’s good Samaritan laws, which offer legal protection to individuals who provide emergency care at the scene of an accident. These laws are designed to encourage bystanders to assist in emergencies without fear of legal repercussions. However, these protections do not extend to healthcare professionals providing care in a professional setting.
Pursuing a medical malpractice lawsuit can be complex and emotionally taxing, but with the right legal representation, you can achieve the closure and compensation you deserve. Remember, you’re not just fighting for yourself; you’re also advocating for the accountability and improvement of the healthcare system for future patients.
Need a lawyer?
What does an injury lawyer do?
A personal injury lawyer helps individuals who have sustained injuries in accidents to recover financial compensation. These funds are often needed to pay for medical treatment, make up for lost wages and provide compensation for injuries suffered. Sometimes a case that seems simple at first may become more complicated. In these cases, consider hiring an experienced personal injury lawyer. Read more
