We all hear horror stories of medical malpractice and it can be hard to imagine that this could happen to you or someone close to you. However, sadly, doctors do make mistakes and sometimes those mistakes can be catastrophic. When an error in the treatment of a patient leads to serious injury or even death, the victim’s family can recover damages from the doctor or hospital.
However, the laws governing this practice are very complex and often have very tight filing deadlines that must be met or the case will be dismissed. There are also myriad other esoteric rules that can be difficult to navigate without the help of an experienced attorney.
Medical Malpractice Claims in Washington
In the state of Washington, a Seattle, WA Medical Malpractice claim can be filed within three years of the date of the medical mistake or one year from the discovery date. The discovery date refers to the point in time when the injured person discovered or reasonably should have discovered that their injury was due to the healthcare provider’s negligence. In some cases, injuries can manifest themselves over a long period of time and this means that the plaintiff may not have discovered the malpractice until well after it occurred.
In order to establish negligence, the injured party must be able to show that:
The healthcare provider failed to follow the medical standard of care.
There was a direct cause between the medical negligence and the victim’s injury.
The healthcare provider acted with intent or reckless disregard of the patient’s health and safety.
In some cases, the victim’s injury was not caused by the healthcare provider but rather by another person or entity, such as a negligent hospital employee or an unsupervised nursing student. In these cases, the injured patient may be able to pursue compensation from the responsible party under a theory of vicarious liability.
When medical malpractice claims are successfully pursued, the victim can recover damages for their medical bills, lost income, future loss of earnings, pain and suffering, emotional trauma and punitive damages in cases involving egregious acts of negligence. Unfortunately, medical malpractice leads to far too many injuries and deaths each year.
The Gilbert Law Firm has been helping clients recover from medical malpractice for years and can offer a wealth of experience in this area of law. Contact us for a free consultation about your case.
During the initial consultation, our lawyers can explain the specifics of the medical malpractice statutes and case law that apply to your situation and how that would impact your case. We will then be able to determine whether or not we can assist you in your medical malpractice lawsuit.
We have helped countless people across the State of Washington. We have a dedicated team of medical malpractice lawyers ready to serve you. Call The Gilbert Law Firm today to get started. We are proud to offer a free consultation and can provide you with the information that you need about medical malpractice lawsuits in Washington.
Moseley Collins Law
701 5th Ave Suite 4200, Seattle, WA 98104
(800) 426-5550