What are the elements of a medical malpractice claim?
A medical malpractice claim in Washington is a specialized type of personal injury lawsuit that is brought when a patient has been injured due to the negligence of a doctor or other medical professional. In order to succeed in a medical malpractice suit, the plaintiff must prove each of the following elements: 1. A physician-patient relationship existed, meaning that the doctor had a duty of care to the patient. 2. The doctor failed to meet the standard of medical care that would be expected from a similarly trained and qualified medical professional, which is known as a breach of the duty of care. 3. The breach of duty was the cause of an injury or health complication for the patient. 4. The injury resulted in actual damages such as medical bills, lost wages, or pain and suffering. In Washington, medical malpractice claims are subject to a statute of limitations, meaning that a lawsuit must be filed within a certain period of time after the alleged malpractice or the injured party may be barred from seeking compensation. Additionally, Washington also limits damages in malpractice cases, which can affect the amount of compensation an injured party can receive.
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