Fighting for Patient Rights in Washington

Washington residents deserve quality healthcare. When medical professionals fail to provide proper care, patients can suffer life-changing injuries. AskLitigation helps victims of medical malpractice understand their rights and pursue fair compensation under Washington law.

What Constitutes Medical Malpractice?

Medical malpractice occurs when healthcare providers negligently cause patient harm. Common forms include:

Failure to diagnose or misdiagnosis
Medication and dosing errors
Surgical mistakes and complications
Delayed or improper treatment
Birth injuries and maternal harm
Anesthesia errors
Hospital-acquired infections
Lack of informed consent

Healthcare providers must meet professional standards of care in their field.

Washington Medical Malpractice Laws

Key legal provisions:

Statute of Limitations: 3 years from the injury or 1 year from discovery (max 8 years)
No Damage Caps: Washington has no caps on medical malpractice damages
Certificate of Merit: May be required to show reasonable inquiry into claims
Informed Consent: Providers must disclose material risks and alternatives
Charitable Immunity: Limited immunity for free charitable care

Steps Following Medical Injury

Get Proper Treatment: Address your medical needs first
Gather Documentation: Collect all medical records and bills
Create a Timeline: Document the sequence of events
Photograph Injuries: Visual evidence can be powerful
Seek Legal Counsel: Medical malpractice requires specialized knowledge

Proving Your Case

Successful claims must demonstrate:

A provider-patient relationship existed
The provider failed to meet the standard of care
This failure caused your injuries
You suffered actual damages

Expert medical testimony typically establishes the standard of care and breach.

Recoverable Damages

Washington allows full compensation for:

Medical expenses (current and future)
Lost wages and future earnings
Pain and suffering
Emotional distress
Loss of enjoyment of life
Loss of consortium
Wrongful death damages

No artificial caps limit your recovery.

Challenges in Medical Malpractice Cases

These cases involve:

Complex medical evidence
Battle of expert witnesses
Aggressive defense by insurance companies
Lengthy discovery processes
High litigation costs
Emotional toll on victims

Experienced legal representation levels the playing field.

Common Medical Errors

Emergency Department Mistakes: Failure to order tests, misreading results, or premature discharge

Medication Errors: Wrong drug, incorrect dose, or ignoring allergies and interactions

Surgical Negligence: Wrong-site surgery, retained foreign objects, or post-op infections

Pregnancy and Delivery: Failure to monitor, delayed C-section, or improper use of forceps

Cancer Misdiagnosis: Failure to order screening, misreading pathology, or delayed treatment

The Role of Medical Experts

Expert witnesses are crucial for:

Establishing the standard of care
Explaining complex medical concepts
Identifying deviations from accepted practice
Linking negligence to injuries
Calculating future medical needs

Washington courts rely heavily on expert testimony in medical cases.

Don’t Delay Your Claim

While Washington’s statute of limitations may seem generous, building a strong case takes time. Medical records must be obtained, experts consulted, and evidence preserved. Early action improves your chances of success.

Seek Professional Help

Medical malpractice cases demand attorneys with medical knowledge and litigation experience. AskLitigation connects you with lawyers who understand Washington’s medical malpractice laws and can effectively advocate for your rights. Contact us today for a free case evaluation.