Introduction: For patients injured or killed by a health care provider's negligence, this serves as a starting point for understanding the liability of health care providers under Washington law, specifically RCW 7.70.040 and RCW 4.24.290.
Defining Health Care Providers: RCW 7.70.020(1) lists various licensed professionals considered health care providers, including physicians, nurses, and pharmacists. The statute excludes veterinarians.
Duty of Care: Health care providers may be liable under three theories: breach of standard care, breach of promise, or failure to secure informed consent. The first two are theories involve:
- Breach of Standard Care: RCW 7.70.040 outlines that providers must exercise care, skill, and learning expected of a reasonably prudent provider. The standard of care is defined by what society expects, not just the medical profession.
- Breach of Promise: RCW 7.70.030(2) codifies that providers can be liable for breach of contract if they promise specific results or cures.
Physician-Patient Relationship: The duty of care arises when a provider undertakes to treat a patient and continues until the relationship is terminated. Liability can exist even without a direct physician-patient relationship.
Multiple Providers: When multiple providers are involved, the primary care provider may be held responsible for lapses in care. Discovery should determine if all involved followed proper procedures.
National Standard of Care: Out-of-state experts can testify about a national standard of care if it is relevant and the same in Washington.
Jury Instructions: How a jury is instructed at the conclusion of trial is often critical when deciding on health care provider negligence. Key jury instructions include:
- Duty of Care: Providers must meet the standard of care expected of a reasonably prudent provider in Washington.
- Exercise of Judgment: Providers are not liable for choosing among reasonable, medically acceptable options.
- No Guarantee/Poor Result: Providers do not guarantee results, and a poor result alone is not evidence of negligence.
