It’s sometimes difficult to prove that a healthcare provider committed some act of medical malpractice. You or your personal injury attorney has to gather evidence supporting a malpractice claim, and usually an expert has to agree that you were in fact injured because of a physician’s negligence. Please note that if you fall short of having the grounds for a malpractice action, you might be able to file a complaint with the Washington Medical Commission.
Proving a Malpractice Case
You usually have to prove three elements in order to successfully bring a medical malpractice case. These are:
- A medical or dental care provider did something wrong, or failed to provide care in a way that another provider would have in the same situation,
- The error caused an injury that you wouldn’t have suffered if the provider had provided appropriate care, and
- Your injury resulted in measurable damages (for example, medical expenses, lost wages, and/or pain and suffering).
In order to prove the above, most injury victims rely on their medical records and the testimony or written/recorded statements of a medical expert. The expert usually reviews the pertinent records in a case, and then declares whether or not, in the person’s “expert opinion,” a doctor committed an act of malpractice. In some difficult cases, an expert may not agree that a doctor acted negligently.
Filing a Medical Board Complaint
If you do not have the evidence or support to prove a malpractice case, you have the right to file a formal complaint against your provider with the Washington Medical Commission. Once you file a complaint, the Commission will investigate the healthcare provider that is the subject of the complaint. This investigation often involves a hearing.
Once an investigation is complete, the board determines whether or not a doctor acted negligently, or in an unreasonable manner. If negligence is found, the Commission can impose fines or even revoke the physician’s medical license. The provider will face no penalties if the board finds that he/she acted in accordance with appropriate medical standards.
Contact Otorowski Morrow & Golden, PLLC
Please know that our firm is here to help if you were a victim of a healthcare provider’s malpractice. Otorowski Morrow & 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.