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Almost half of the medical malpractice claims filed in Washington are filed in King County, while the rest are spread throughout the remaining state counties.Medical malpractice claims can be very difficult to prove mainly because the practice of medicine is complicated and proving negligence often takes reviewing medical records and hiring medical experts who can point to the specific negligent practice and link it to the patient’s injuries. If you believe you or a loved one may be a victim of medical malpractice, contact our Kent medical malpractice attorneys who have the knowledge, experience, and medical expert relationships needed to build and prove a medical malpractice case.

Who may be liable for medical malpractice

Healthcare provider negligence applies to any member of the healing arts such as a chiropractor, doctor, nurse, surgeon, dentist,or psychologist. Their duty is to exercise the degree of skill, care, and learning that other reasonably prudent healthcare providers in Washington are practicing under similar circumstances. If a medical professional holds himself or herself out as specialist, he or she will be judged by the same standard of care as other specialists in the field. Hospitals also may be liable as they have a duty to exercise the same care as other reasonably prudent hospitals exercise.

Proving medical malpractice

In general, medical malpractice is really just proving negligence and connecting it to the injuries that the plaintiff suffered. In order to demonstrate medical malpractice, a plaintiff must prove the following elements:

  • The hospital and/or medical professional failed to follow the applicable standard of care (this proves negligence),
  • The plaintiff sustained injuries, and
  • But for that negligence, the plaintiff would not have sustained his or her injuries.

Types of medical malpractice

Common types of medical malpractice may include: error in diagnosis, failure to treat, incorrect treatment, surgical error, prescription errors, anesthesia errors, and errors causing childbirth injuries.

Informed consent

A poor medical treatment result is not enough to prove malpractice; the plaintiff must show that a medical professional’s negligence caused the poor result. Even when a medical professional does not make a mistake in his or her performance of a procedure, he or she may be liable for medical malpractice if a patient had not given informed consent for the procedure. Medical professionals have a duty to inform patients of all of the risks associated with a procedure and any alternative treatments that are available. When a patient consents to a procedure without being given all of the associated risk and alternative treatment information, he or she has not given informed consent.

Our Kent medical malpractice attorneys at Russell & Hill, PLLC understand that medical malpractice has serious consequences and we want to see that medical malpractice victims and their families receive the compensation that they deserve. We will negotiate with insurance companies and bring your case to trial if necessary, in order to see that you receive a full and fair recovery, which may include medical bills, lost wages, lost earning capacity, pain and suffering, and mental anguish.

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