Medical malpractice claims in Kent and all throughout Washington State are a subcategory of personal injury cases that have specialized elements. In most personal injury claims, liability is based on negligence, meaning someone failed to act with reasonable care and caused harm to another person.
Medical malpractice cases have similar elements but focus on whether a healthcare provider failed to meet the accepted medical standard of care and whether that failure caused injury to the patient.
Understanding the Medical Standard of Care
In Washington, the “standard of care” refers to the level of care, skill, and learning a reasonably prudent healthcare provider would exercise in a given field and procedure. In other words, medical malpractice cases hinge on whether a reasonably careful doctor, nurse, or provider would have acted similarly in treating the patient who is alleging malpractice.
This standard varies based on the facts and can be influenced by:
- The provider’s training, background, and specialty
- The patient’s symptoms and medical history
- The information available at the time of treatment
- Whether the situation was routine or involved an emergency
For example, a specialist in emergency medicine responding to a trauma patient will be judged differently than a primary care physician diagnosing a routine illness. The law recognizes that medical decisions are often made under varying conditions.
What Are the Elements of a Washington Medical Malpractice Claim?
To bring a successful medical malpractice case in Washington, an injured patient generally must establish the following:
- They were in a provider-patient relationship and owed a duty of care.
- The applicable standard of care for the situation and how the provider failed to meet it.
- That substandard care caused the patient’s injury or worsened their condition.
- The patient suffered damages, such as additional medical bills, lost wages, or pain and suffering.
An injured patient must prove each element to have a successful claim. Failing to prove just one prong means a plaintiff walks away with no compensation.
The Role of Medical Experts in Proving Negligence
Washington law typically requires testimony from a qualified medical expert to establish whether the standard of care was breached. This expert is usually a licensed provider in the same or a closely related field who understands the relevant medical practices involving the injured patient.
An expert witness helps explain:
- What a competent provider should have done under the circumstances
- Whether the care provided fell below accepted medical standards
- How that failure contributed to the patient’s injury
For instance, in a delayed diagnosis case, an expert might testify that a reasonably careful physician would have ordered certain tests based on the patient’s symptoms. If those tests were not performed and the delay led to a worse outcome, that may support a malpractice claim.
Without persuasive expert testimony, most medical malpractice cases cannot move forward in Washington courts.
Speak With a Washington Medical Malpractice Attorney for Help Evaluating Whether You Have a Malpractice Claim
If you believe you were harmed by a healthcare provider’s mistake, you should consult an experienced medical malpractice lawyer for help. Medical malpractice cases require a detailed review of records, consultation with experts, and a clear understanding of Washington law and court procedure for such claims. Without adequate legal representation, you may not be able to build a strong claim and follow the procedural rules required to pursue your case.
Contact Darrell Cochran Personal Injury Lawyers to schedule a free consultation to discuss your rights and legal options with an experienced Washington medical malpractice lawyer.