Medical Malpractice Attorney in Seattle, Washington

According to a study by Johns Hopkins University, every year, more than 250,000 people die in the United States due to medical mistakes and negligence. Medical malpractice is considered to be the third leading cause of death in the U.S.

A hospital or doctor's negligent act, oversight, or omission can result in severe consequences, including disability, medical complications, permanent incapacitation, or sometimes death. If you or a loved one has been the victim of medical malpractice or negligence, you are within your rights to seek fair compensation.

For years I have been dedicated to providing experienced legal counsel and guidance for individuals facing medical malpractice cases. As an experienced Washington State personal injury attorney, I will investigate the details of your case, work to establish fault, and explore all possible legal options to help you pursue damages. I will fight compassionately to protect your rights and help you fight for the compensation you need to cover medical expenses, lost wages, future medical treatments, pain and suffering, and any other losses.

My firm, The Law Office of Dan N. Fiorito III, is proud to serve medical malpractice victims across the Seattle area, and all of Western Washington, including the Puget Sound Area, Tacoma, Bellevue, and Everett. Reach out today to get the help you need.

Understanding Medical Malpractice
and Negligence Laws in Washington

Medical malpractice occurs when a hospital, physician, nurse, or any other healthcare professional causes an injury or complication to a patient through a negligent act, mistake, or omission. Medical negligence can be described as a “failure to act” by a medical professional that deviates from the expected medical standard of care.

Furthermore, medical negligence may occur due to errors in treatment, diagnosis, aftercare, or health management. Under Washington State law, regardless of whether it was medical malpractice or medical negligence that led to the patient's resulting injuries, the point remains the same — your medical provider failed in their duties to provide adequate care. As a result, you have every right to file a claim seeking compensation.

Statute of Limitations

Pursuant to Washington Revised Code section 4.16.350, any civil action for damages for an injury caused by a healthcare professional's negligence shall be taken within three years that the act, omission, or failure to act occurred. To put it simply, you have three years from the date you alleged negligent actions occurred to file a claim.

Who Can Be Sued For Medical Malpractice?

Medical malpractice can occur due to an unfortunate combination of factors. Regardless of the specifics that led to the incident, there are a number of different healthcare organizations and professionals that can be found guilty of medical malpractice or negligence, including:

• The hospital

• Doctors

• Hospital medical staff

• Pharmacists

• Nurses

• Pharmaceutical companies

• Urgent care centers

A medical malpractice claim may be filed against any one of these entities or individuals when their reckless or negligent actions resulted in an injury or medical complication.

What Are the Basic Elements of a Claim?

To establish that medical malpractice occurred and to recover damages, the claimant must prove that:

• There was a doctor/patient relationship.

• The doctor or medical personnel was negligent, which led to the patient's injury.

• The doctor or health care provider deviated from the accepted medical standard of care.

• The deviation caused the victim's injuries.

• The injury caused damages such as physical pain, additional medical expenses, mental anguish, and missed time at work.

Damage Caps on Medical Malpractice Claims

In Washington, there is no damage cap on medical malpractice claims. In 1989, the Washington Supreme Court considered damage caps to be unconstitutional. Therefore, the Washington statutes on recovering damages in medical malpractice cases are considered plaintiff-friendly.

Pure Comparative Negligence

Washington is considered a pure comparative negligence state. This means that under the current system, the amount of damages that may be recovered will be reduced by the percentage of fault found on the claimant. This means that if you are found to be 10 percent at fault in your case, and the court awards $100,000 in damages, you will only be eligible to receive $90,000 in compensation to account for your level of fault. Additionally, even if you were found to be 99 percent liable for your injuries, you still have the opportunity to pursue and recover damages.

Joint and Several Liability Rules

Washington State follows what is known as "joint and several" liability rules. Under the principle, a claimant may recover part or all of the verdict from any at-fault party, notwithstanding the party's actual fault percentage, so far the claimant bears no percentage of fault in a medical malpractice case.

For example, if two doctors committed medical malpractice or negligence and were each found to be 50 percent at fault for the victim's injuries, the claimant could attempt to recover 100 percent of the verdict from one or both of the at-fault doctors.

How Attorney Dan Fiorito Can Help

Negligent actions and mistakes from hospitals, doctors, nurses, and other healthcare professionals are known to cause severe complications to patients across the country every year. If you believe that your injury or medical condition was caused or compounded by a medical professional or entity as a result of negligence, you may be eligible to seek fair financial compensation through a medical malpractice claim. An experienced Washington State medical malpractice attorney can help protect your rights and guide you through the process of recovering damages.

For more than ten years, I have devoted my career to protecting the rights of medical malpractice victims and their families. As your legal counsel, I can review every aspect of your case, carry out a comprehensive and private investigation, work to establish liability, and outline an aggressive legal approach for your case. I will fight passionately to protect your rights, represent your best interests, and help you pursue fair financial compensation for your injuries, damages, and any other pain and suffering you’ve had to endure.

With me on your side, you can rest assured that your case is in good hands as we work together to pursue a favorable outcome in your medical malpractice case. Call or reach out to my firm today to get started.