Three Common Causes for Medical Malpractice Claims in Washington
Jan. 18, 2023
Dealing with incapacitation or death following medical treatment can be an overwhelming and even traumatizing situation for victims and their families. Please know that I am here to guide victims of medical malpractice to their options — where you may be entitled to fair compensation.
If you find yourself wondering about your options in the Seattle area, look no further than The Law Office of Dan N. Fiorito III. As a Washington medical malpractice attorney, I am prepared to guide you and fight for you through the entire claims process.
KEY TAKEAWAYS
The three most common causes of medical malpractice claims in Washington are misdiagnosis, improper treatment, and surgical errors—each involve a failure to meet the standard of care patients are entitled to expect.
If you've been hurt in any instance of medical malpractice, you should know that Washington law generally requires these claims to be filed within three years of the incident, but extended deadlines may apply depending on your situation.
Compensation may cover medical expenses, lost wages, and pain and suffering, but proving negligence requires more than showing that a bad outcome occurred. An experienced attorney like Dan Fiorito can help you build that case.
What Is Medical Malpractice?
Medical malpractice refers to injury or death resulting from a healthcare professional’s negligence. Please note that medical malpractice does not only apply to doctors. It can apply to any medical and healthcare professional interacting with patients.
Washington State law allows medical malpractice victims and their families to file a claim three years following the incident’s date. After the statute of limitations has passed, the statute of repose allows victims to file within eight years of the incident’s date. However, the victim must prove they didn’t know or couldn’t have known that their injuries were caused by medical negligence within the three-year window.
The toll statute allows victims to file after the eight-year window. The toll statute is reserved for incapacitated victims unable to follow legal proceedings.
According to Washington State law, consulting with a professional medical malpractice attorney can help victims and their families understand their options.
Three of the Most Common Causes of Medical Malpractice Claims
Here are the three most common causes of medical malpractice claims throughout Washington:
Misdiagnosis. Misdiagnosis refers to wrongly identifying a patient’s condition. A misdiagnosis leads to incorrect treatment, which can adversely affect the patient’s health, potentially causing death. Additionally, failure to diagnose refers to missing a patient’s condition. For example, a doctor claims the patient does not have cancer when in fact, they do. This failure to diagnose causes the patient to lack treatment leading to injury, incapacitation, or death.
Improper treatment. Even when doctors get a diagnosis right, they may fail to apply treatment properly. In this situation, doctors prescribe the wrong medication, recommend inadequate interventions, or fail to act promptly. Improper treatment can lead to injury, incapacitation, disability, and death.
Surgical errors. Surgical errors refer to botched operations causing injury, incapacitation, or death. Surgical errors may result from negligence, inexperience, or misdiagnosis.
Please note that medical malpractice claims depend on proving negligence. Proving negligence can be complicated. Therefore, I recommend medical malpractice victims seek legal counsel from a professional medical malpractice attorney. Experienced attorneys can help victims identify mistakes in the duty of care of medical staff and doctors.
Who Can Be Liable in Medical Malpractice Claims?
Medical malpractice liability is not limited to physicians. Any healthcare professional who owes a patient a duty of care can be held accountable, including surgeons, nurses, anesthesiologists, pharmacists, nursing home staff, and even hospital systems themselves. Fault hinges on whether that provider's conduct fell below the accepted standard of care, and whether that failure directly caused the patient's injury.
What Are the Elements of a Medical Malpractice Claim in Washington?
To succeed in a medical malpractice claim in Washington, you must establish four distinct legal elements. Each one must be clearly supported by evidence—and the absence of any single element can be enough to defeat an otherwise valid claim.
There was a clear doctor-patient relationship. This relationship is established with a general practitioner or treating surgeon.
Medical negligence. Medical negligence must be proved in the duty of care of medical staff. Negligence can be proven with evidence and expert opinions from other medical professionals.
Negligence caused injury. The claim must prove that medical negligence led to injury, incapacitation, or death, not underlying conditions.
Damages caused by injuries. Damages can be monetary (i.e., loss of wages or medical expenses derived from negligence) or emotional such as pain and suffering.
Contact My Firm for Help
At the Law Office of Dan N. Fiorito III in Seattle, Washington, I work hard to protect your right to fair compensation. Reach out, and schedule a free consultation directly with me. I know how difficult it can be to deal with the aftermath of medical malpractice. I strive to deliver the best possible legal counsel, so contact me today.