Washington Medical Malpractice Lawyers

When you see a doctor, go to the emergency room or have surgery, you trust that the people treating you will meet the standard their profession requires. Most of the time they do. When they do not, and the result is a missed cancer, a surgical injury, a birth injury or a death that should not have happened, Washington law gives patients and families the right to hold the provider accountable.

Medical malpractice is the most demanding area of personal injury law. The cases are expensive to build, the defense is well funded, and the law requires expert proof at nearly every step. The attorneys at Ritchie-Reiersen Injury & Immigration Attorneys evaluate potential malpractice claims across Washington and at our offices in Oregon, Idaho and Arizona. If your case has merit, you pay no attorney fee unless we recover for you.

What Counts as Medical Malpractice in Washington

Under Washington’s medical negligence statute, chapter 7.70 RCW, an injured patient can recover by proving one of three things:

• The provider failed to exercise the degree of care, skill and learning expected of a reasonably prudent health care provider in the same profession or class in Washington, acting in the same or similar circumstances, and that failure caused the injury
• The provider promised that the injury would not occur
• The provider did not obtain informed consent: the patient was not told of a material risk or alternative that a reasonable patient would have wanted to know before agreeing to treatment, and the undisclosed risk occurred

The first theory is the one most cases rest on. It requires showing what the standard of care was, that the provider fell below it, and that the departure, not the underlying illness, caused the harm. Each of those elements almost always requires testimony from a qualified expert in the same field.

A Bad Outcome Is Not Always Malpractice

Medicine carries risk, and not every complication or unsuccessful treatment is negligence. A surgeon can perform an operation correctly and the patient can still have a poor result. The question is never whether something went wrong. It is whether a reasonably careful provider would have done something different and whether that difference would have changed the outcome. Our first job is to answer that question honestly, which sometimes means telling a family that the care met the standard even though the result was devastating.

Types of Cases We Review

• Misdiagnosis or delayed diagnosis, particularly cancer, stroke, heart attack, infection and pulmonary embolism
• Surgical errors, including wrong-site surgery, damage to surrounding organs or nerves, retained instruments and post-operative infection
• Birth injuries to mother or child, such as failure to respond to fetal distress, delayed C-section and oxygen deprivation
• Medication and pharmacy errors: wrong drug, wrong dose, dangerous interactions, allergy ignored
• Anesthesia errors
• Emergency room errors, including failure to order tests, premature discharge and triage mistakes
• Hospital and nursing negligence, including falls, pressure sores and failure to monitor
• Failure to obtain informed consent
• Wrongful death caused by any of the above, which is pursued under Washington’s wrongful death statutes on behalf of the family

Deadlines: The Statute of Limitations

Washington gives a patient three years from the negligent act or omission, or one year from the date the patient discovered or reasonably should have discovered that the injury was caused by the provider, whichever is later. There is also an overall limit of eight years from the act, with exceptions for fraud, intentional concealment and foreign objects left in the body. Special tolling rules apply to children.

Claims against public hospitals and public health systems, such as a county hospital district or a state university medical center, require a written tort claim to be filed with the government first, followed by a waiting period before a lawsuit can be filed. Claims against federal facilities, including VA hospitals, follow the Federal Tort Claims Act with its own administrative claim deadline. Oregon, Idaho and Arizona each have shorter general deadlines, and Idaho requires a pre-litigation screening panel. Because the clock can start before you know you have a case, talk to an attorney as soon as you suspect something went wrong.

What Compensation Is Available

Washington does not cap damages in medical malpractice cases. The state supreme court struck down a legislative cap on noneconomic damages in 1989, so juries may award what the evidence supports. Recoverable damages include:

• Past and future medical expenses, including corrective surgery, rehabilitation and long-term care
• Lost wages and loss of future earning capacity
• Pain, suffering, disability, disfigurement and loss of enjoyment of life
• Loss of consortium for a spouse or registered domestic partner
• In wrongful death cases, the family’s economic losses and the loss of the relationship, along with the estate’s claim for the decedent’s pre-death suffering and expenses

Washington is a pure comparative fault state. If a patient’s own conduct, such as not following discharge instructions, contributed to the harm, the recovery is reduced by that percentage rather than barred.

How We Build a Medical Malpractice Case

• Initial review: we listen to what happened, identify every provider involved and gather the complete medical record, which patients are entitled to under state and federal law
• Expert evaluation: a physician or nurse in the same specialty reviews the records and tells us whether the care fell below the standard and whether it caused the harm. Washington does not require a certificate of merit or screening panel before filing, but no case should be filed without this review
• Damages workup: treating physicians, life care planners and economists document what the injury has cost and will cost
• Claim and litigation: a demand to the provider’s insurer, then a lawsuit in superior court if a fair resolution is not offered. Most cases settle, often after depositions and mediation; we prepare every case as if it will be tried
• Resolution: settlement or verdict, with liens and future medical needs addressed so the recovery is protected

These cases typically take one to three years. We keep you informed at each stage and never settle without your approval.

Why Families Choose Ritchie-Reiersen

• No fees unless we win
• Litigation attorneys with courtroom and trial experience, admitted in Washington and Idaho
• Eleven offices across Washington, Oregon, Idaho and Arizona, with phone and video consultations for clients who cannot travel
• Spanish-speaking attorneys and staff

Medical Malpractice Representation Near You

We handle medical malpractice matters from each of our offices: Kennewick, Tacoma, Auburn, Yakima, Moses Lake, Spokane, Wenatchee, Everett, Portland, OR, Twin Falls, ID and Mesa, AZ. Phone and video consultations are available statewide.

Our Personal Injury Attorneys

Medical malpractice cases are reviewed by our litigation team and, where the facts support a claim, developed with independent medical experts in the relevant specialty. Consultations are available in English and Spanish.

Frequently Asked Questions

How long do I have to file a medical malpractice lawsuit in Washington?

Generally three years from the negligent act or one year from when you discovered or should have discovered the injury was caused by the provider, whichever is later, subject to an eight-year outer limit with limited exceptions. Public hospitals and federal facilities have additional pre-suit claim requirements, so contact an attorney as early as possible.

Is there a cap on medical malpractice damages in Washington?

No. Washington has no statutory cap on economic or noneconomic damages in medical malpractice cases. The Washington Supreme Court struck down a cap on noneconomic damages in 1989.

Do I need a medical expert to bring a case?

In nearly every case, yes. Washington requires proof of the standard of care and causation through qualified expert testimony, except in rare situations where the negligence is obvious to a layperson, such as operating on the wrong body part. We retain the experts.

Can I sue the hospital or only the doctor?

It depends on the relationship. Hospitals are responsible for the negligence of their employees, such as nurses and staff physicians, and can be directly liable for their own failures in staffing, credentialing or policies. Many physicians who practice at a hospital are independent contractors, in which case the claim is against the physician or their practice group. We identify every responsible party before filing.

What does a medical malpractice case cost?

We handle these cases on a contingency fee: no attorney fee unless we recover for you. How case costs such as medical records and expert reviews are handled is explained in writing before you sign anything.

My family member died because of medical negligence. Who can bring the claim?

In Washington, a wrongful death claim is brought by the personal representative of the estate for the benefit of the spouse or domestic partner, children and, in some circumstances, parents and siblings. We can help the family open the estate and appoint a personal representative so the claim can proceed.

Talk to an Immigration Lawyer

Call (888) 884-7337 or send us a message to schedule a confidential consultation. Se habla español.