Washington Medical Malpractice Law

Each state has a specific code of laws regulating litigation and compensation in medical malpractice cases. In Washington , the medical malpractice law experts at the firm of Phillips & Webster can educate victims about their rights and help them to pursue just financial compensation for their injuries or the wrongful death of a loved one that is the result of medical negligence. Victims of medical malpractice in Seattle, Tacoma, Bellevue, and beyond have come to trust the experienced counsel of the attorneys at Phillips & Webster.

• What Constitutes Medical Malpractice?
• Specific Washington Medical Malpractice Laws
  • Who Is at Fault?
  • Pursuing a Medical Malpractice Case
  • Statute of Limitations
  • Awards in Medical Malpractice Cases

What Constitutes Medical Malpractice?

Medical malpractice is also commonly known as medical negligence. This form of personal injury occurs when any healthcare professional fails to provide a reasonable standard of care to a patient and this sub-standard care results in the injury or wrongful death of that patient. The standard of care is defined as actions that any reasonable medical provider would take under similar circumstances. Medical malpractice can result from an action taken by a medical practitioner, such as a doctor, nurse, anesthesiologist, or pharmacist, or his or her failure to act in a reasonable manner. Medical malpractice suits can also be brought against hospitals, owners of hospitals, dentists, nursing homes, and even HMOs. Common medical malpractice claims pursued in Bellevue , Tacoma, Seattle, and throughout Washington by the attorneys at Phillips & Webster include:

• The failure to diagnose, misdiagnosis, or delayed diagnosis of a medical condition
• Anesthesiology mistakes
• Surgical error
• Wrongful amputation
• Errors in the prescription or administration of medications
• Errors during the delivery of a child resulting in birth injury
• An improper course of treatment
• An unreasonable delay in treatment
• Defective medical implants or misuse of medical implants
• The failure to gain consent from a patient or his or her legal caregiver before beginning any procedure

The causes of medical malpractice may vary, and not every instance of unsatisfactory results is an example of medical malpractice. If you would like to learn more about Washington medical malpractice law, contact an attorney at the firm of Phillips & Webster for a free consultation.

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Specific Washington Medical Malpractice Laws

In Washington medical malpractice law, there is a pure doctrine of comparative negligence, which means that the claimant's awards could be diminished depending on that claimant's level of fault in the case. However, no matter how faulty the claimant is relative to his or her case, this fault will not act as a total bar to recovery.

Consequently, under the statute of joint and several liability, each defendant in a claim is only liable for damages that equal his or her share of the fault. To this end, an action for contribution may be filed by a defendant either with the original claim or within one year of the original judgment, or the date of the payment if no judgment was filed, when more than one party is equally responsible for the plaintiff's injury or death. In civil law, an action for contribution makes a defendant responsible for only his or her portion of the total damages.

Hospital Responsibility

Under the Washington medical malpractice law statute of vicarious liability, a hospital may be held responsible for any negligence on the part of physicians or other medical professionals who are employed by that hospital.

Expert Testimony

In most medical malpractice cases litigated in Washington, it is necessary to acquire expert testimony against faulty or negligent healthcare providers, unless that provider's negligence was so grossly apparent that even a layman could recognize it.

Attorney's Fees

According to Washington medical malpractice law, there can be no limit to non-statutory damages. However, while there is no legal cap on attorney's fees, these fees can be reviewed within 45 days of the final billing and may be determined to be unreasonable. Likewise, if a plaintiff is awarded economic damages totaling more than $100,000, the court may rule that the defendant may make periodic payments instead of remitting one lump sum.

Collateral Source Rule

Under the collateral source rule of Washington medical malpractice law, the defendant may not use evidence that the plaintiff has already obtained compensation from other sources as a means to reduce his or her own liability. For example, if the plaintiff has already been compensated by his or her insurance company, the defendant's liability does not change.

Pre-Trial Mediation

The state of Washington mandates that a medical malpractice claim filed in Seattle, Tacoma, Bellevue, or elsewhere in the state must submit to pre-trial mediation before any trial is commenced.

The Washington medical malpractice law experts at the Seattle, Woodinville, and Bellevue firm of Phillips & Webster understand that legal statutes can be difficult for people who are not legal professionals to understand. If you feel that you may have been a victim of medical malpractice, contact us for a complimentary review of your claim. We will guide you through every step of the legal process and ensure that you obtain just compensation for your injuries.

Who Is at Fault?

According to Washington medical malpractice law, if it can be proven that any healthcare provider, including the hospital itself, provided negligent care, they may be held liable for emotional, physical, and financial damages to the plaintiff.

Pursuing a Medical Malpractice Case

Washington State medical malpractice law can seem complex to those who are unfamiliar with it. If you would like to pursue litigation for a medical malpractice claim in Seattle, Tacoma, Bellevue, or elsewhere in Washington, use our website to learn more about how to build your case. Then, contact an attorney at the firm of Phillips & Webster for highly qualified representation.

Statute of Limitations

If you feel that you or someone you love has been harmed as the result of medical malpractice in Seattle, Tacoma, Bellevue, or elsewhere in Washington, you should know that there is a statute of limitations under which your right to compensation could expire. To see if you are still eligible to obtain compensation, consult the page of this website dedicated to educating victims about our state's statute of limitations, then contact one of the Washington medical malpractice law specialists at Phillips & Webster to help you file your claim.

Awards in Medical Malpractice Cases

While there is no cap on the amount of damages that may be awarded to a victim of medical malpractice in Seattle, Bellevue, Tacoma, or any part of Washington , medical malpractice law dictates that awards in excess of $100,000 may be made in periodic payments. To learn more about laws governing medical malpractice awards in Washington State, please visit the appropriate page of our website.

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Contact Medical Malpractice Attorneys Serving Seattle, Tacoma, and Bellevue Areas

Washington State medical malpractice law can be difficult to understand. If you suspect that the cause of your injuries or those suffered by someone you love stemmed from error on the part of a healthcare provider, you should seek experienced representation. Contact our medical malpractice attorneys, serving Seattle, Tacoma, Bellevue, and beyond. We have the resources and knowledge necessary to help you obtain compensation and punish your transgressors to the fullest extent of the law.

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