How to Prove Medical Malpractice

When you go to see a doctor for a medical issue, you trust that you will be provided with the best possible care. Unfortunately, some healthcare professionals may neglect their duty to their patients, and serious harm can result. If you were injured due to the negligence of a healthcare provider, you may be entitled to bring a claim against them for medical malpractice. But how to prove medical malpractice can be complicated — these cases require the skill and experience of a medical malpractice attorney who will know how to evaluate a case and pursue a claim.

What is Medical Malpractice?

Medical malpractice is a type of personal injury claim that involves the negligence of a doctor or healthcare provider. These claims can be brought when a medical professional fails to adhere to the standard of care that has been held to be reasonable within the medical community. Medical malpractice can take many forms, including the following:

• Failure to diagnose
• Delayed diagnosis
• Failure to treat
• Leaving foreign objects inside the body
• Birth injuries
• Surgical errors
• Medication or prescription errors
• Unnecessary surgery
• Operating on the wrong body part
• Premature discharge
• Failure to act on test results
• Nursing home negligence

Medical malpractice may be committed by any type of healthcare provider if it can be shown they were negligent, including physicians, nurses, chiropractors, psychologists, surgeons, anesthesiologists, pharmacists, emergency room staff, and others. In addition, a hospital or healthcare facility may also be held liable, depending on the facts of the case.

How to Prove Medical Malpractice

A claim for medical malpractice can be brought if a medical provider’s negligence, carelessness, or recklessness caused a patient to suffer an injury. But how to prove medical malpractice can be complex. In order to sue for medical malpractice, several elements must be met. Although no two cases are alike, the same legal criteria must be applied to determine whether a cause of action exists.

Specifically, in assessing a claim for medical malpractice, a court will evaluate whether the following elements can be satisfied:

• A duty of care was owed — For a successful medical malpractice claim, you will first need to establish that a duty of care was owed to you. In other words, you must show that there was a doctor-patient relationship, and the doctor had a legal obligation to treat you within the same standard of care another healthcare professional would in a similar situation.
• The duty owed was breached — A breach of the duty of care occurs when a healthcare professional fails to meet the accepted standard of care while treating you. Simply put, they must have done something that a similar healthcare professional would not have done under the circumstances.
• The breach caused injury — The third element that must be established in a medical malpractice claim is causation. In other words, the medical professional’s negligence must have been a substantial factor in causing the injury.
• Damages were incurred as a result — Damages is the final element that must be demonstrated in a medical malpractice claim. Damages can come in the form of physical, emotional, or financial harm.

Not every undesired outcome constitutes negligence and gives rise to a medical malpractice case. To have a viable claim, the act or omission of the medical professional must deviate from the accepted standard of care that is recognized in the medical community. Significantly, under Washington law, the parties involved in a medical malpractice claim must attempt to resolve their dispute by mediation before a claim can be brought to trial.

How Long Do You Have to Pursue a Claim for Medical Malpractice?

It’s important to understand that if you have been a victim of medical malpractice, you only have a limited amount of time to bring a lawsuit under Washington law. Most medical malpractice victims have three years to take legal action from the date the malpractice was committed. However, the specific amount of time you have to bring a case can depend upon the circumstances surrounding the claim.

Washington law recognizes certain exceptions when it comes to the medical malpractice statute of limitations. Under the discovery rule, the deadline to file a lawsuit can be extended if the harm suffered could not reasonably have been discovered within the three-year statute of limitations. This rule gives you one year to file a lawsuit from the date of discovery of the injury.

Contact an Experienced Washington Medical Malpractice Attorney

If you are wondering how to prove medical malpractice and recover the damages you suffered in your case, it’s important to have an experienced attorney who can guide you through the legal process. With locations in Burien and Bellevue, Herron Law Office, PLLC is committed to helping the victims of medical malpractice prove their cases and recover the maximum compensation available under the law. We welcome you to contact us for a consultation to discuss your case by calling (425) 600-2580.