Filing a Medical Malpractice Suit

Malpractice occurs whenever a professional causes injury by failing to meet the accepted standards of his or her field. The term medical malpractice specifically refers to negligent acts committed by any kind of medical professional. A medical malpractice claim can be filed against individuals, like doctors or nurses, or entities, like hospitals or pharmaceutical companies.

Medical malpractice lawsuits fall under the subcategory of civil law known as tort law. A tort is a legal wrong that is not related to any kind of signed contract. In other words, your doctor has a duty to treat you to the best of his or her ability, even if you have never signed a contract stating this. If he or she does not treat you with adequate care, he or she has committed the tort of medical malpractice.

The person who files a tort lawsuit is known as the filer, plaintiff, or claimant. The person or entity accused of malpractice can be called the defendant or tortfeasor. There can be more than one defendant in a lawsuit if more than one party contributed to the claimant’s injuries. This is legally known as the doctrine of joint and several liability.

In some cases, the claimant may have partially contributed to his or her own injuries. However, this does not necessarily prevent the claimant from receiving legal damages. Instead, the jury will determine how responsible the claimant was: for example, they may decide that he or she is 30% responsible for his or her injuries. This means that the defendant will only have to pay 70% of the damages awarded.

Contact Us

For more information about Washington medical malpractice law, including your own eligibility for compensation, contact Washington medical malpractice attorney Fuller & Fuller at 1-800-570-4878.