Types of Claims
There are generally two types of medical malpractice claims in Washington State, medical negligence and lack of informed consent.
A medical negligence claim involves a patient suing a healthcare provider for injuries resulting from medical care. To succeed in such a claim, the patient must prove that the healthcare provider failed to follow the accepted standard of care, and this failure directly caused the injury.
Key elements of a medical malpractice claim in Washington include:
- The healthcare provider did not meet the standard of care expected in the medical community.
- The provider's failure to meet the standard of care caused the patient's injury.
- The patient suffered harm or damages as a result of the injury.
A lack of informed consent claim arises when a healthcare provider fails to inform a patient about the material risks, benefits, and alternatives of a proposed treatment, and the patient suffers harm as a result. This claim is based on the principle that patients have the right to make informed decisions about their own healthcare.
To establish a lack of informed consent, the following elements must be proven:
- The healthcare provider did not disclose material facts that a reasonably prudent patient would need to make an informed decision.
- The patient would not have consented to the treatment if they had been properly informed.
- The lack of informed consent caused harm to the patient.
Potentially Liable Parties
The possible parties that can be liable for medical malpractice claims include:
- Individual providers such as doctors, physicians assistants, nurse practitioners, and nurses
- Clinics that employ the individual providers that committed medical malpractice
- Hospitals that employ, or have working in their facility, individual providers that committed medical malpractice
Medical malpractice claims are frequently brought against the individual providers, any clinic or hospital that employs them, and the hospital where the medical malpractice occurred.
Statute of Limitations
Claims must be filed within a specific time frame or face dismissal.
Medical Negligence SOL: Claims must be filed within three years of the act or omission causing injury, or within one year of discovering the injury, whichever is later. There is also an eight-year statute of repose. Claims against some government entities, such as the federal government, must be filed within two years.
Discovery Rule: The one-year SOL starts when the plaintiff discovers the facts of the case. Discovery is typically a factual question, but summary judgment is possible if the plaintiff's lack of diligence is clear.
Tolling of SOL: Various circumstances can toll the SOL, including requests for mediation, personal disability, minority, fraud, intentional concealment, foreign bodies, incompetence, incarceration, continuing course of treatment, and military service.
Claims Against Government Entities: Specific procedures and SOL apply for claims against state, local, and federal government entities, including mandatory administrative claim presentations.
Wrongful Death and Survival Claims: Wrongful death claims can be brought by the Personal Representative within the applicable SOL, including the discovery rule.
