We can help you determine who is responsible for your injuries, document the extent of your harm, and guard against lowball settlement offers that fail to account for your future medical needs or loss of earning potential. Contact us today to explore your options and get started. WA Medical Injury Lawyer imposes certain requirements and restrictions on malpractice claims. These laws can add a layer of complication to the case-building process.
Statute of Limitations
The statute of limitations is a law that sets a deadline for how long you have to bring a legal claim in the civil court system. If you miss this deadline, your case will be dismissed and you cannot get compensation for your injuries.
In Washington, the statute of limitations for most negligence claims is three years. However, medical malpractice cases have a longer statute of limitations. Typically, you must file a medical malpractice lawsuit within 3 years of the date of your injury or one year from the time when you discover the injury.
Nevertheless, like all laws, there are exceptions to this rule. In some cases, the statute of limitations clock is paused (or “tolled”) until you reach a certain age or until you are deemed mentally competent. Similarly, the statute of limitations may be suspended if you find a foreign object in your body or you discover that the healthcare provider committed fraud to conceal a mistake.
Expert Witnesses
During a trial, expert witnesses help explain complex matters to the judge or jury. They offer industry-specific data and knowledge on subjects that average people are not familiar with.
Medical malpractice claims require expert witnesses, particularly medical experts. Expert witnesses need to have expertise in the specific field in which they are testifying, as well as a good understanding of applicable medical standards and procedures.
They must also be able to communicate this information clearly for the judges and jurors to understand. They should have a good reputation and be able to demonstrate that they are unbiased and independent.
Expert witnesses must comply with their obligations under the Civil Procedure Rules (CR 26). These include revealing all relevant material to the other party and disclosing any issues that may affect their credibility or impartiality. This is an obligation that takes priority over any disclosure obligations to their employer or professional body. They must also cite their sources of information and provide details of their research.
Medical Records
Doctors, nurses, and other medical professionals must use a thorough process to diagnose injuries. Misdiagnosis, and other errors in treatment, can constitute medical malpractice. These errors can lead to serious and life-altering injuries. Our Seattle medical malpractice attorneys can help determine who is responsible and file a claim for compensation.
Local hospitals, like Skagit Valley Hospital and Hospital de Mt. Vernon, are considered among the best in Washington. However, even the finest medical facilities are not immune to medical malpractice.
In addition to the statute of limitations, medical malpractice claims require detailed and authenticated medical records. Failure to obtain these documents on time could severely impact your case. It is also important to be careful not to overlook errors in the medical records. If you notice any errors, it is essential to challenge them and have the records corrected. This will help ensure the medical record is admissible in court. Our attorneys regularly participate in mediation, a form of alternative dispute resolution that can result in a favorable settlement of a medical malpractice case.
Negotiating Your Case
The outcome of a medical malpractice claim often hinges on the quality of your attorney’s preparation and negotiation skills. An effective approach can establish a productive tone, prompting insurers to respond to your demands in a timely manner and provide reasonable compensation.
An experienced personal injury lawyer can help you compile important evidence, including medical documentation and financial records to demonstrate your economic losses. Your attorney may also consult expert witnesses to substantiate future expenses and quantify your noneconomic damages, such as pain and suffering, loss of enjoyment of life, disfigurement, and emotional distress.
In addition, your Renton Medical Malpractice Lawyer can ensure that you are fairly compensated for a variety of losses and harms. Whether you have been injured due to diagnostic errors, surgical errors, failure to treat, hospital negligence, or another type of medical error, your attorney will work tirelessly to secure the maximum monetary recovery possible. This includes addressing any future care needs and ensuring you are able to make a full recovery.