By The United States legal system is highly complex, but even more so when it comes to medical malpractice law. Physician liability for their negligent conduct is governed by state malpractice laws and rules, which have been developed through rulings in various state courts. In order to file a successful malpractice lawsuit, the injured patient must prove four basic legal elements: 1) a duty of care owed by the defendant physician; 2) a breach of that duty; 3) injury caused by the physician’s negligence; and 4) resulting damages.
A doctor’s duty of care is generally established by his or her professional license and the accepted norms of medical practice in the community in which he practices. This professional standard of care varies from state to state, and it is often supplemented by specialized standards for doctors who engage in specific types of activities such as delivering babies or treating patients with certain disorders.
The concept of proximate cause is an important principle in medical malpractice law, since professionals must act with a greater degree of care than nonprofessionals. To establish proximate cause, the injured patient must demonstrate both actual physical causation (the factual connection between the negligent act and the subsequent injury) and legal causation (that is, the relationship between the negligence and the injured person’s injuries). The injured patient must also show that the injuries would not have occurred but for the defendant’s actions.
If a medical malpractice claim is successful, the injured patient will be awarded monetary compensation for his or her losses. These damages are normally calculated by taking into account both economic loss, such as lost income and the cost of future medical treatment, and noneconomic loss, such as pain and suffering. In a few cases, punitive damages may be awarded for particularly egregious conduct that society has an interest in deterring.
In addition to these basic principles, each state has its own set of procedural rules and regulations that govern malpractice litigation. For example, the statute of limitations for filing a malpractice action varies from state to state. In addition, there are usually strict discovery procedures and other esoteric rules that must be followed for a plaintiff to be able to successfully prosecute a malpractice claim.
For these reasons, it is not uncommon for a Washington medical malpractice case to be complicated and expensive. However, the right Seattle authority on medical negligence law can make the process more manageable for injured patients and their families. Those interested in pursuing an action for medical malpractice should consult with an experienced Washington malpractice attorney at the very beginning of their legal journey. The law in this area is complex and nuanced, and it can be very difficult to navigate without the help of a knowledgeable attorney.
Moseley Collins Law
701 5th Ave Suite 4200
Seattle, WA 98104
