When a patient suffers an injury because of a healthcare provider’s negligence, pursuing a medical malpractice claim can provide a path toward financial recovery. However, proving that a doctor or other medical professional made a mistake is not always enough to establish liability. Washington law requires injured patients to meet specific legal standards before they can recover compensation.
Understanding the standard of proof in Washington medical malpractice cases can help patients and their families better understand what is necessary to pursue a successful claim.
What Is the Burden of Proof in a Washington Medical Malpractice Case?
In Washington, medical malpractice claims are generally civil lawsuits. Unlike criminal cases, which require proof beyond a reasonable doubt, medical malpractice cases use a lower standard known as the preponderance of the evidence.
Under this standard, the injured patient must demonstrate that their allegations are more likely true than not true. In other words, the evidence must establish that there is a greater than 50% likelihood that the healthcare provider’s negligence caused the patient’s injury.
Although this standard is less demanding than the burden of proof in criminal proceedings, medical malpractice claims can still be challenging to prove.
What Must a Patient Prove to Establish Medical Malpractice?
Under Washington law, a patient pursuing a medical negligence claim generally must establish several essential elements. These include:
- The healthcare provider failed to meet the accepted standard of care. Washington law requires healthcare providers to exercise the degree of care, skill and learning expected of a reasonably prudent provider in the same profession or class, acting under similar circumstances.
- The provider’s failure caused the patient’s injury. It is not enough to demonstrate that a medical professional made an error. The patient must also establish a causal connection between the provider’s negligence and the resulting injury.
- The patient suffered compensable harm. Medical malpractice claims may involve additional medical expenses, lost income, physical pain, emotional suffering and other damages resulting from negligent treatment.
These requirements are particularly important because an unfavorable medical outcome does not automatically mean that medical malpractice occurred.
What Role Does Expert Testimony Play in Medical Malpractice Cases?
Expert medical testimony is often essential to proving a medical malpractice claim in Washington.
A qualified medical expert can explain the applicable standard of care, identify how a healthcare provider’s conduct departed from that standard and address whether the departure caused the patient’s injuries.
For example, if a Seattle patient suffers complications following surgery, an expert may evaluate whether the surgeon’s actions were consistent with accepted medical practices or constituted negligence.
Although exceptions exist, medical malpractice cases typically require expert testimony because the medical issues involved are beyond the knowledge of an average juror.
How Can a Seattle Medical Malpractice Attorney Help?
Meeting the burden of proof in a medical malpractice case often requires a thorough investigation, detailed medical records and testimony from qualified medical professionals.
An experienced Seattle medical malpractice attorney can evaluate the circumstances surrounding an injury, identify potential departures from accepted medical standards and help gather the evidence necessary to establish liability.
If you believe a healthcare provider’s negligence caused you or a loved one serious harm, consulting a Washington medical malpractice attorney can help you understand your legal rights and determine whether you have grounds to pursue compensation.
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.