Regardless of the state of residence, the definition of medical malpractice is virtually the same. A medical professional, usually a doctor, can be held liable for misdiagnosing a patient or failing to provide a diagnosis, failing to provide the recognized standard of medical care, or delaying treatment that will ultimately result in further injury or death. But, the laws differ in each state. In Washington, collateral sources of compensation may be considered in the award amount, unless the payments are from a source for which the patient or his/her family member has made payments.
Time Limits for Filing a Claim in Washington
According to the statute of limitations for the state of Washington, a minor has three years from the eighteenth birthday to file a malpractice claim. In normal circumstances, the former patient has three years to file suit. In addition, the plaintiff has one year from the time the injury should have been discovered to present a claim to the court. However, no action may be taken, if the action or failure to provide treatment has been longer than eight years.
Negligence Laws
Washington has its own set of negligence laws that are either similar or different than other states. For example, they have abolished the joint and several liabilities in most cases. However, if one or more health care providers acted in concert, and it resulted in injury or death, all of the defendants can be held equally responsible. For more information, consult the chart below:
|
Code Section |
4.22.005 to 925 |
|
Comparative Negligence |
Contributory fault diminishes proportionately the amount of damages, but does not bar recovery. |
|
Contributory Negligence-Limit to Plaintiff's Recovery |
None |
|
Contribution Among Tortfeasors |
Yes; §4.22.040 |
|
Uniform Act |
Yes; 4.22.005 to 925 |
Award Limits in Washington
Washington does have award limits. Of course, current and future medical expenses that may be incurred due to negligence or malpractice are considered. However, for non-economical damages, the average potential earnings for the expected lifespan are taken into consideration. The amount awarded cannot exceed the formula for potential wages and the number of years the plaintiff had left for earning a living.
Legal Help
The laws regarding medical malpractice claim can be very confusing, especially when emotions are part of the equation. Professional legal help can make sure that every pertinent detail is brought before the court. Especially when there is an overflowing stack of medical bills and expenses, you want to make sure to get the judgment deserved, if a medical professional is found to be responsible for injury or death.
