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Notes on Medical Malpractice

By Hardwick & Pendergast, P.S. on November 7, 2019

Medical malpractice is one of the most complex, demanding, and exhaustive forms of litigation that both victims and attorneys can be involved in. Medical professionals, though they must go through years of training, make terrible errors that can cost patients their health and well-being. These cases are rarely straightforward, and there are many factors involved in holding the negligent parties responsible.

For medical malpractice victims and their legal counsel, it is important that everyone is on the same page. That means understanding what constitutes medical malpractice and major factors that affect litigation. Here at Hardwick & Pendergast, P.S., we have been representing victims of medical malpractice since 1997, so we know a thing or two about what it takes to get our client the results they are looking for.

That’s why we want to go over a few general concepts that we know are important to any medical malpractice case.

Considerations on Taking Legal Action for Medical Malpractice

Any individual or family affected by medical malpractice in the state of Washington should bear in mind the following:

  • Any type of medical negligence claim in Washington must be filed within three years of the incident, or within one year of discovering the affliction or injury that resulted from the negligence of a medical professional.
    The state of Washington has no specific cap on compensation victims can receive, and they can receive compensation for both economic and non-economic damages.
  • Washington is a pure comparative negligence state, which allows victims to receive compensation for damages regardless of the relative liability of the victim.
  • Expert testimony is not mandated to confirm an injured party’s claim, but most medical malpractice cases in Washington require expert testimony to substantiate specific deviations from medical standards and to confirm negligence has taken place.
  • Many individuals think that they did not receive the proper treatment for a medical condition or injury after seeing a medical professional for care. This does not constitute medical malpractice, as a case of malpractice only exists if a breach of duty by medical staff directly causes an injury or some type of harm in the patient.
  • For the most part, only clear-cut, egregious errors are settled outside of court without a trial. For cases where negligence can be disputed, and the standards of care are in contention, it is likely that the case will go to trial.
    Medical malpractice trials are drawn-out, contentious, and difficult for all parties involved. However, individuals pursuing compensation for medical malpractice must be prepared to undergo a trial in order to get the justice they deserve.

Contact a Washington Medical Malpractice Attorney at Hardwick & Pendergast, P.S.

Medical malpractice cases are complicated affairs, involving multiple defendants, insurance companies, and medical experts. A first-class medical malpractice attorney will be able to find all parties responsible for your hardship, know how to get your case off the ground, and be able to accurately and effectively argue for the compensation you and your family deserve.
If you or a loved one has been the victim of medical malpractice in Washington, you may be entitled to substantial recompense through civil litigation. If you have questions about your legal rights and options, call the veteran legal team at Hardwick & Pendergast, P.S., for a case evaluation, free of charge. Our firm has been successfully representing Seattle-area medical malpractice victims and their families for over forty years, and we have a doctor on staff. Put our skills and experience in your corner and let us get you what you deserve.
For a free consultation, call our office at (425) 228-3860, and see how we can help you today!

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