While physicians in Washington state account for a relatively low percentage of all the medical negligence suits filed in the United States, that makes little difference to the victims of that negligence. They want to learn how they are protected, what they must do to be compensated, and if the hospital where the negligence occurred can be included in the claim. These elements all differ slightly according to each state’s laws, making it more important than ever for victims to both research those laws themselves and to enlist the advice of a Washington medical malpractice attorney whenever possible.
Washington Medical Malpractice
When someone believes that their physician not only acted negligently in their diagnosis or care, but they also caused them additional injury and harm in the process, they generally have the right to file a claim against them. However, they must be able to prove more than their disapproval. Negligence only refers to acts that are below the reasonable standard of care another certified physician in the same field would perform. In addition, it must include injury to the patient, and that injury must cause actual damage or harm. Those are essential elements to any medical malpractice claim.
However, if the patient believes that the hospital may also have some vicarious liability in the malpractice claim, they can include the hospital under certain statutes of Washington state law. Under the doctrine of ostensible agency, if the hospital acts in a way that makes the patient believe that the physician is an agent of the hospital, or fails to act in a way that would discourage a patient from believing that relationship exists, the patient generally has a right to charge the hospital with vicarious liability.
Expert Testimony
In order to prove a case of medical malpractice, the victim and their attorney must generally also be able to supply the expert testimony of another physician certified in the same field who verifies that the defendant acted negligently.
Talk to a Medical Malpractice Lawyer
Clearly, there are a number of complex laws in the state of Washington covering when and how a victim can charge a physician or hospital with medical malpractice. In addition to those requirements, they must file their claim within the state’s statute of limitations for these suits. In Washington, that falls within three years of the negligent act, or within one year of learning of the negligent act, whichever expires later. If the victim’s case is not filed within that period, it will be dismissed. For all of those reasons, any victim, but especially one trying to recover from serious injuries, cannot keep track of such a suit alone. However, with the help of a knowledgeable and committed Washington medical malpractice attorney, they can leave the legal issues to their lawyer and concentrate on healing with help of the compensation obtained in their suit.
