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Medical malpractice occurs when a health care professional or facility fails to provide the accepted standard of care, and that failure causes injury or harm. In Tacoma, medical malpractice claims are governed by Washington state law. Common examples include surgical errors, misdiagnosis or delayed diagnosis, medication or anesthesia errors, birth injuries, and failures to treat or monitor a patient.
To succeed in a malpractice claim you generally must prove four elements: the provider owed you a duty of care, the provider breached that duty by failing to meet the applicable standard of care, the breach caused your injury, and you suffered damages as a result. Cases often require medical expert testimony to establish the standard of care and causation.
Medical malpractice claims are legally and medically complex. You may need a lawyer if any of the following apply:
- You suffered serious or permanent injury, a birth injury to a newborn, or death that may be linked to medical care.
- The facts are disputed or liability is unclear and will likely require expert witnesses to establish standard of care and causation.
- You are dealing with hospitals, large health systems, or insurers that use experienced defense counsel.
- The claim involves a government health care provider or public hospital, where special notice rules and shorter deadlines may apply.
- You need to calculate and document future medical costs, lost earnings, and other damages that require professional analysis.
- You want a lawyer to handle negotiations, pre-litigation requirements, filing court papers, and courtroom representation if the case goes to trial.
Key legal points that are particularly relevant for medical malpractice claims in Tacoma include the following:
- Statute of limitations: Washington law sets time limits for filing malpractice suits. Generally you must file within three years from the date of the injury or within one year from the date the injury was discovered or should reasonably have been discovered, whichever is later. There is also an outer time limit or statute of repose that can bar claims after a fixed number of years from the act or omission. Because the timing rules are technical and exceptions exist, it is important to consult an attorney promptly.
- Standard of care and expert testimony: Most malpractice claims require at least one qualified medical expert to state that the provider breached the applicable standard of care and that the breach caused the injury. The expert’s opinion must be tailored to the facts of the case and meet court rules on admissibility.
- Comparative fault: Washington law reduces a plaintiff’s recovery by any percentage of fault attributed to the plaintiff. In practice this means an award is reduced in proportion to the plaintiff’s share of responsibility.
- Damages: Plaintiffs may seek economic damages, such as past and future medical expenses and lost wages, and non-economic damages, such as pain and suffering. Punitive damages are rare and require proof of particularly egregious conduct.
- Government and public entities: If a claim involves a state or local government provider, special notice and claim-filing rules may apply. Missing those procedural steps can bar a claim, so legal help is essential when a public entity is involved.
- Pre-litigation and settlement: Many malpractice matters are resolved before trial through demand letters, negotiations, and mediation. Lawyers commonly work on a contingency-fee basis, meaning they receive a percentage of any recovery. Fee arrangements and case costs should be explained in writing up front.
Malpractice arises when a health care professional fails to provide the level of care that a reasonably competent provider would have given under similar circumstances, and that failure causes harm. Not every bad outcome is malpractice; the key is proving breach of the applicable standard of care and causation.
If you believe a medical error caused injury, start by collecting medical records and getting a second medical opinion. A qualified malpractice attorney can review your records and often consult a medical expert to evaluate whether you have a viable claim.
Washington has strict time limits for malpractice suits. Generally you must file within three years of the date of injury or within one year of discovery, subject to an outer time limit from the date of the act or omission. Specific exceptions and special rules can apply, so speak with an attorney promptly to protect your rights.
Yes. Most malpractice cases require an expert witness to establish what the appropriate standard of care was and how the provider breached it. Expert testimony is also typically needed to prove that the breach caused your injuries.
Many malpractice lawyers handle cases on a contingency-fee basis, which means they receive a percentage of any recovery and do not charge an hourly fee if there is no recovery. You should get the fee agreement in writing and ask about case costs, how they are advanced, and whether they are deducted from the recovery.
You can typically seek economic damages, such as medical bills and lost wages, and non-economic damages, such as pain and suffering and loss of enjoyment of life. In limited situations where conduct was especially harmful or reckless, punitive damages may be available.
Washington reduces a plaintiff’s recovery in proportion to the plaintiff’s percentage of fault. Your award will be lowered by whatever share of responsibility the factfinder assigns to you.
Yes, but claims against government entities often require special notice and procedural steps that differ from claims against private providers. Missing those requirements can be fatal to your case. Consult an attorney experienced with public-entity claims right away.
There is no single answer. Many cases settle within months after demand and negotiation, while others that proceed to trial can take several years. The complexity of medical issues, the need for expert review, discovery disputes, and court schedules all affect timing.
Not necessarily. Early offers are often driven by uncertainty about liability and damages. Before accepting any settlement, have an attorney review the offer and evaluate whether it fairly compensates you for past and future needs. Settling too quickly may leave you without funds to cover ongoing care.
If you need more information or help, these local and state resources can be useful:
- Washington State Department of Health - for information about provider licensing and complaints against health professionals.
- Washington State Courts - for general information about civil procedures and filing requirements.
- Washington State Bar Association - for attorney referral services and information on hiring a lawyer.
- Local medical records departments and patient advocates at Tacoma hospitals - to request copies of medical records and get help navigating billing and records release.
- Local legal aid clinics and nonprofit organizations - some provide guidance or referrals for people with limited means.
If you believe you have a medical malpractice matter in Tacoma, consider these practical next steps:
- Preserve all medical records, bills, appointment notes, prescriptions, and related documentation. Request copies of your complete health record from the provider and hospital.
- Write a clear timeline of events, symptoms, communications, and the people involved. Note dates, times, and the names of clinicians and staff.
- Seek a second medical opinion to confirm the diagnosis and treatment concerns. This can also help identify potential experts.
- Avoid signing releases or broad authorization forms before consulting an attorney. Releases can prevent you from learning key facts or pursuing claims.
- Contact an experienced Tacoma or Washington state medical malpractice attorney for a consultation. Many attorneys offer free or low-cost initial consultations and can advise you on deadlines, likely evidence, and next steps.
- If you want to make a complaint about a provider but are unsure about legal action, you can contact the state health department or the provider’s patient advocate to report the issue while you explore legal options.
Taking prompt, informed action preserves your legal rights and gives you the best chance to obtain fair compensation if malpractice occurred.
