What do I need to know about filing a medical malpractice lawsuit?

Filing a medical malpractice lawsuit in Washington requires specialized knowledge of the state’s medical malpractice laws. Before beginning the process, it is important to understand the concepts of legal causation and damages. Legal causation means that the defendant’s acts or omissions were the direct cause of the plaintiff’s injuries and losses. Evidence of causation is often presented in the form of expert testimony. In Washington, a plaintiff must show on a preponderance of the evidence that a defendant was negligent in order to be successful in a medical malpractice lawsuit. Damages are the compensation awarded to the plaintiff for the losses they have suffered due to the defendant’s negligence. In Washington, damages can include economic losses such as medical bills and lost wages as well as non-economic losses such as pain and suffering. An injured plaintiff must also meet the statute of limitations, which sets a deadline for filing a medical malpractice lawsuit. The statute of limitations in Washington is three years from the date of the alleged medical malpractice or the date of the discovery of the injury, whichever is later. It is also important to understand the concept of joint liability. This means that more than one person can be held responsible for a plaintiff’s injuries. For example, if a doctor, nurse and hospital are all found to have acted negligently, they may all be held jointly liable for the plaintiff’s damages. Finally, filing a medical malpractice lawsuit in Washington requires an experienced attorney. A qualified attorney should have knowledge of state laws, an understanding of the medical malpractice process and experience litigating cases in court. An attorney can help you understand your rights and provide guidance throughout the legal process.

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