No doctor is perfect. Even the most skilled healthcare providers can make mistakes from time to time. However, not every medical error gives rise to a medical malpractice claim. In Washington, there is an important legal distinction between a poor medical outcome and negligent medical care.
If you or a loved one suffered harm after receiving medical treatment, understanding this distinction can help you determine whether you may have a valid legal claim.
Not Every Medical Mistake Is Malpractice
One of the biggest misconceptions about medical malpractice is that any mistake made by a doctor automatically results in legal liability. That is simply not the case.
Medicine often involves difficult decisions, uncertain diagnoses, and procedures that carry known risks. A patient can experience complications even when a physician provides appropriate care. Likewise, a treatment may fail despite the doctor’s best efforts.
Medical malpractice occurs only when a healthcare provider fails to meet the accepted standard of care and that failure causes injury to the patient.
What Is the Standard of Care?
The “standard of care” refers to the level of care, skill, and learning that a reasonably prudent healthcare provider with similar training would have exercised under the same or similar circumstances.
In other words, the question is not whether the doctor made a mistake. Instead, it is whether another reasonably competent doctor would likely have acted differently.
Examples of conduct that may fall below the standard of care include:
- Failing to diagnose a condition that another competent physician would have identified,
- Performing surgery on the wrong body part,
- Prescribing the wrong medication or dosage,
- Ignoring significant test results, and
- Failing to monitor a patient after a procedure.
The Mistake Must Have Caused Your Injury
Even if a doctor acted negligently, you generally cannot recover compensation unless that negligence actually caused harm.
For example, imagine a physician who fails to diagnose an illness, but the delay has no impact on the patient’s outcome. While the doctor may have made an error, there may not be a viable malpractice claim because the mistake did not cause additional injury.
On the other hand, if the delayed diagnosis allowed cancer to spread or resulted in the loss of effective treatment options, the patient may have suffered legally compensable damages.
This issue of causation is often one of the most heavily contested aspects of a medical malpractice case.
Common Signs That Malpractice May Have Occurred
Although every situation is unique, certain warning signs may indicate that further legal investigation is warranted.
These signs include:
- Your condition became significantly worse after an unexpected medical error,
- Another healthcare provider tells you your treatment fell below accepted standards,
- A diagnosis was delayed despite obvious symptoms,
- You underwent an unnecessary procedure,
- A surgical instrument or foreign object was left inside your body,
- Important test results were overlooked or never communicated, and
- You suffered serious complications because of medication or anesthesia errors.
These circumstances do not automatically establish malpractice, but they often justify a closer review of your medical records.
Medical Experts Play a Critical Role
Medical malpractice cases almost always require testimony from qualified medical experts. These experts review the medical records, evaluate the treatment provided, and determine whether the healthcare provider departed from the applicable standard of care.
Experts also help establish whether the provider’s negligence directly caused the patient’s injuries.
Because these cases involve complex medical issues, expert analysis is often essential to determining whether a claim has legal merit.
Speak With a Washington Medical Malpractice Attorney
Determining whether a doctor’s mistake constitutes medical malpractice is rarely straightforward. It requires a careful review of your medical records, consultation with medical experts, and an understanding of Washington malpractice law.
If you believe you were injured because of negligent medical care, an experienced Seattle medical malpractice attorney can evaluate your case, explain your legal options, and help you pursue compensation for your medical expenses, lost income, pain and suffering, and other damages when appropriate. Taking action early can also help preserve important evidence and protect your rights.
Contact Otorowski & Golden, PLLC
Please know that our firm is here to help if you were injured due to a medical provider’s malpractice. Otorowski & Golden, PLLC provides free consultations to all our potential clients. The attorneys at our law firm also have over 120 years of combined experience representing injured parties in medical malpractice cases. They never back down to insurers and fight for their clients’ interests every step of the way. Do yourself a favor and contact them now for the quality legal representation you deserve.