Medical Malpractice: Identifying Errors and Seeking Justice in Washington

Medical malpractice occurs when healthcare professionals fail to provide the standard of care expected in their field, leading to patient harm. In Washington State, with its advanced medical facilities in cities like Seattle and Spokane, these cases still arise far too often, affecting patients from all walks of life. At Kobes Legal PLLC, we’ve represented victims who’ve endured unnecessary suffering due to negligence. This blog post outlines what constitutes medical malpractice, common types, its profound impacts, legal options under Washington law, and how to proceed if you suspect you’ve been a victim.

What Is Medical Malpractice?

Medical malpractice involves a breach of duty by doctors, nurses, surgeons, or other providers, resulting in injury or worsened conditions. It’s not just about bad outcomes—medicine isn’t perfect—but about preventable errors that deviate from accepted practices. Key elements to prove include:

1. Duty of Care: A provider-patient relationship existed.
2. Breach: The provider failed to meet the standard of care.
3. Causation: The breach directly caused harm.
4. Damages: Quantifiable losses like additional medical costs or pain.

In Washington, claims must be filed within three years of the injury or one year of discovery, whichever is later, but no more than eight years total (RCW 4.16.350). Expert testimony is often required to establish the standard of care.

Common Types of Medical Malpractice

Malpractice can manifest in various ways, including:

1. Misdiagnosis or Delayed Diagnosis: Failing to identify conditions like cancer or heart disease in time.
2. Surgical Errors: Wrong-site surgery, leaving instruments inside, or anesthesia mistakes.
3. Medication Errors: Prescribing the wrong drug, dosage, or failing to account for allergies.
4. Birth Injuries: Negligence during pregnancy or delivery leading to conditions like cerebral palsy.
5. Failure to Treat: Dismissing symptoms or not referring to specialists.

Hospitals, clinics, and pharmacies can also be liable if systemic issues like understaffing contribute.

The Devastating Effects on Victims

The Centers for Disease Control and Prevention (CDC) estimates medical errors cause over 250,000 deaths annually in the U.S., making it a leading cause of death. In Washington, the Department of Health oversees complaints, with hundreds filed yearly. Victims may face permanent disabilities, chronic pain, emotional trauma, or financial ruin from ongoing care and lost income.

Families often suffer too, especially in wrongful death cases. The emotional toll—loss of trust in healthcare—can lead to anxiety or avoidance of necessary treatments.

Legal Rights and Compensation in Washington

Washington caps non-economic damages (pain and suffering) at around $400,000 to $800,000, adjusted for inflation, but economic damages have no limit. You can pursue compensation for:

• Medical bills and future care
• Lost wages and earning capacity
• Pain, suffering, and loss of enjoyment
• Wrongful death benefits for survivors

Cases often settle out of court, but trials may be needed. Insurance companies for providers vigorously defend claims, so strong evidence like medical records, second opinions, and expert affidavits is crucial.

Steps to Take If You Suspect Malpractice

Don’t delay—evidence can fade, and statutes of limitations are strict. Follow these steps:

1. Document Everything: Keep records of treatments, symptoms, and communications.
2. Seek a Second Opinion: Confirm the error with another provider.
3. File a Complaint: Report to the Washington Medical Commission if warranted.
4. Preserve Evidence: Avoid signing releases without advice.
5. Contact an Attorney: A specialist can review your case confidentially.

Local Resources for those who Possibly Experienced Medical Malpractice in the Seattle Area

• Washington Medical Commission: File a formal complaint against a physician or physician assistant. This is the primary agency for investigating professional misconduct. → Online complaint form: wmc.wa.gov/complaints-actions/file-complaint-against-md-or-pa Email: Medical.Complaints@wmc.wa.gov
• Washington State Department of Health (HSQA): Submit complaints about hospitals, clinics, nurses, or other healthcare facilities. → Email: HSQAComplaintIntake@doh.wa.gov or call (360) 236-4700
• Washington LawHelp: Free, reliable self-help legal information, articles, and resources on healthcare rights, medical records, and personal injury claims. → Visit: www.washingtonlawhelp.org
• Patient Advocate Foundation: National nonprofit that provides free case management, help with insurance denials, medical debt negotiation, and navigating healthcare systems. → www.patientadvocate.org | Helpline: 800-532-5274
• Washington State Bar Association Lawyer Referral Service: Find experienced, screened attorneys who handle medical malpractice cases. → Call: (206) 267-7010 (King County) or visit wsba.org for statewide referrals
• Joint Commission: Report quality/safety concerns about accredited hospitals or facilities. → www.jointcommission.org/report-a-complaint
• Your Hospital’s Patient Advocate / Ombudsman: Most Washington hospitals have an internal patient advocate. Ask for this person directly at the facility.

Additional Tips:

• These resources are independent and free or low-cost.
• Filing a complaint with the Medical Commission or Department of Health does not give you money — it’s for discipline only.
• Consider adding a disclaimer: “These organizations provide valuable support and information, but they are not a substitute for personalized legal advice.”

Assistance from Kobes Legal PLLC

At Kobes Legal PLLC, we handle medical malpractice claims with expertise and empathy, serving clients in Washington, Arizona, and Florida. Led by attorney Brett Kobes, our team collaborates with medical experts to build compelling cases on a contingency fee basis—no upfront costs, only fees if we win.

If you believe you’ve experienced medical malpractice, reach out for a free consultation. We’re dedicated to advocating for your rights and helping you achieve the justice you deserve.

This article was prepared by Kobes Legal PLLC with support from our content team and approved by attorney Brett Kobes.

This article is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney–client relationship. Please consult a licensed attorney about your specific situation.