Starting A Medical Malpractice Case With Personal Injury Lawyers In Tumwater, WA

by | Oct 17, 2018 | Lawyers

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In Washington, medical malpractice cases are the direct result of failures of doctors and medical staff. The cases are based on an error or injury that worsened the patient’s condition or caused his or her death. Personal injury lawyers in Tumwater WA explain the patient’s rights when starting a medical malpractice claim.

Starting the Legal Claim

When starting a legal claim, the doctor and the hospital are notified via a summons. The court documents explain the reason for the lawsuit and outline the injuries sustained by the patient. The total value of compensation the patient hopes to collect is also included in the claim. The doctor and hospital board have the right to see any medical evidence accumulated by the patient’s attorney.

Collecting Witnesses for the Case

Any medical staff that was present during the event that caused the patient’s injuries are subpoenaed by the patient’s attorney. The individuals are questioned and provide depositions of all the events they witnessed throughout the patient’s treatment. The depositions are utilized to support the patient’s claim against the doctor or to determine if a claim is feasible.

What is a Medical Witness?

In a medical malpractice case, a medical witness is secured to explain what happened. The medical witness must have the same credentials as the defendant and be a member of the defendant’s peers. The doctor must show how the defendant could have avoided injuries or prevented the progression of the patient’s condition.

What Damages are Awarded?

Economic damages are any lost wages that accumulated during the patient’s recovery. Any medical expenses associated with their condition or surgical error are also included in the compensation request. The court requires punitive damages if the doctor is found at fault for the patient’s injuries. Punitive damages are a form of legal punishments for doctors.

In Washington, medical malpractice cases could be associated with providing a lower standard of care. A doctor who is guilty of treating patients based on prejudice is unethical and at fault for any injuries that occur. Federal laws require all doctors to provide the same level of care for all patients that they treat. Patients who need to start a medical malpractice claim contact Personal Injury Lawyers in Tumwater WA or visit us right now.