If you were injured while receiving medical treatment at a hospital, you may be able to file a personal injury lawsuit against the hospital for medical malpractice under Washington law. In some cases, hospitals are liable for the negligence or malpractice committed by their employees and other professionals who use the facility.
When the Hospital is Liable for Employees
If you received medical treatment in a hospital, it's likely you had several different doctors, nurses, therapists, and other specialists responsible for some part of your care. Some medical professionals are hospital employees, but many doctors are independent contractors who aren't employed directly by the hospital.
If the doctor who deviated from the standard of care and caused your injury is an employee of the hospital, then the facility can be liable for the provider's actions.
If you're not sure whether the doctor in question is a hospital employee, see if you can determine if the hospital controls the fees the doctor is able to charge patients or if the hospital controls the doctor's hours and vacation time. The more the hospital controls, the more likely it is that a court will find the physician to qualify as a hospital employee.
When the Hospital Is Liable for Non-Employees
In some cases, hospitals can be liable for a doctor's medical malpractice, even if that doctor is an independent contractor. If the hospital doesn't make it clear to the patient that the doctor is not a hospital employee, the court might agree that the hospital is liable for the doctor's action or inaction that led to the injury.
In some cases, a court will allow a patient to sue a hospital for malpractice by a doctor who worked as an independent contractor if the patient can prove that the hospital was aware of the doctor's obvious incompetence and kept contracting with the doctor anyway.
What Plaintiffs Need to Prove
The plaintiff must prove that the medical provider deviated from the medical standard of care and that the deviation caused the plaintiff's injuries in order to win a medical malpractice case.
While Washington doesn't require all malpractice cases to have testimony from a medical expert, most cases that aren't obvious cases of negligence will require this testimony to prove the injured victim's claim. Many malpractice cases that go to court will have multiple medical experts testify on both sides.
How the Statute of Limitations Works
It's important to follow all state laws precisely when you prepare a medical malpractice case. The statute of limitations for medical malpractice cases in Washington is three years from the date of the incident that caused the injury.
If you aren't aware of the injury until the three years have passed, you have one year from the date you discovered the injury to file a medical malpractice lawsuit. If your minor child was injured due to medical malpractice, you can file a suit on behalf of your child. If you do not file a lawsuit, your child can file a suit themselves within one year of their 18th birthday.
What to Know About Hiring an Attorney
Most medical malpractice cases are complicated and involve many pages of documentation and records. If you've been injured due to a medical provider's negligence, it's best to speak with a personal injury attorney experienced with medical malpractice cases.
Most attorneys who represent medical malpractice clients don't charge their clients fees unless they win their cases and recover damages. Plus, Washington law allows either party charged with paying the lawyers' fees to request a final bill and ask the judge to determine the reasonableness of attorney fees.
The Washington Supreme Court found damage caps on medical malpractice cases to be unconstitutional in 1989. The state doesn't have any caps on the economic or non-economic damages a medical malpractice plaintiff can recover.
Monro Law Firm P.S. Inc represents personal injury clients in Snohomish, Washington, and surrounding areas. If you or a loved one has been injured due to a medical professional's negligence while you were in the hospital, contact us today to schedule an appointment for a consultation to discuss your case.
I went in for a quick consultation. They were no nonsense, to the point and very helpful. Also they did not try to up sell me on extra stuff or take advantage of the delicate situation I came in to consult about . Gave me great honest advice and if I can't handle my situation on my own I will definitely be back for services . Great first impression!
- Priya M.
I have used this attorney two times once for a car accident and once for a work injury and both times they were amazing. I got way more than I expected and I didn't have to worry about a thing. I would recommend this firm, also they were quick to return phone calls and emails.
- Aj S.
We have worked with Steve for the past 5 years. He has won every battle along the way for us and always been available to answer our questions. When we were getting frustrated with the process he took the time to explain what was going on and what our options where. I highly recommend this law firm and greatly appreciate all the hard work they have done for our case!
- Misty MM.
I was in an accident as a passenger earlier this year. I had a free consult with Justin Monro shortly after because I was concerned about the cost of my recovery. Justin was kind, personable and confident he could help me. It took several months of trips to the chiropractor, but once I was back in good health, Justin and his staff were promptly in communication with me regarding my case. My medical bills were taken care of and Monro Law went above and beyond in helping me obtain a settlement that was much greater than I had anticipated. I don't know what I would have done without their help in my road to recovery. They did all the work in dealing with the insurance company which relieved a lot of stress. I highly recommend their services.
- Mirinda A.
I went in for a quick consultation. They were no nonsense, to the point and very helpful. Also they did not try to up sell me on extra stuff or take advantage of the delicate situation I came in to consult about . Gave me great honest advice and if I can't handle my situation on my own I will definitely be back for services . Great first impression!
- Priya M.
I have used this attorney two times once for a car accident and once for a work injury and both times they were amazing. I got way more than I expected and I didn't have to worry about a thing. I would recommend this firm, also they were quick to return phone calls and emails.
- Aj S.
We have worked with Steve for the past 5 years. He has won every battle along the way for us and always been available to answer our questions. When we were getting frustrated with the process he took the time to explain what was going on and what our options where. I highly recommend this law firm and greatly appreciate all the hard work they have done for our case!
- Misty MM.
I was in an accident as a passenger earlier this year. I had a free consult with Justin Monro shortly after because I was concerned about the cost of my recovery. Justin was kind, personable and confident he could help me. It took several months of trips to the chiropractor, but once I was back in good health, Justin and his staff were promptly in communication with me regarding my case. My medical bills were taken care of and Monro Law went above and beyond in helping me obtain a settlement that was much greater than I had anticipated. I don't know what I would have done without their help in my road to recovery. They did all the work in dealing with the insurance company which relieved a lot of stress. I highly recommend their services.
- Mirinda A.
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CONTACT INFORMATION
Phone: (360) 863-3728
Toll-Free: (844) 346-6815
Email: stephenm@monrolawfirm.com
Address: 1830 Bickford Avenue, Suite 204 Snohomish, WA 98290
BUSINESS HOURS
OUR LOCATION
The information on the website of Monro Law Firm P.S., Inc. is not intended to be and has never been legal advice. You should speak with an attorney if you want legal advice specific to your circumstance. Please contact us by phone, mail, or email; we look forward to hearing from you. A client-attorney relationship is not established by communicating with us in any way. Please do not email us any sensitive information until we have established an attorney-client relationship.
Bar Admissions:
Washington
U.S. Federal Court
Professional Associations and Memberships:
American Trial Lawyers Association
Washington State Trial Lawyers Association
King County Bar Association
Snohomish County Bar Association
Federal Bar Association
Washington State Bar Association
BROWSE OUR WEBSITE
CONTACT INFORMATION
Phone: (360) 863-3728
Toll-Free: (844) 346-6815
Email: stephenm@monrolawfirm.com
Address: 1830 Bickford Avenue, Suite 204 Snohomish, WA 98290
BUSINESS HOURS
OUR LOCATION
The information on the website of Monro Law Firm P.S., Inc. is not intended to be and has never been legal advice. You should speak with an attorney if you want legal advice specific to your circumstance. Please contact us by phone, mail, or email; we look forward to hearing from you. A client-attorney relationship is not established by communicating with us in any way. Please do not email us any sensitive information until we have established an attorney-client relationship.
Bar Admissions:
Washington
U.S. Federal Court
Professional Associations and Memberships:
American Trial Lawyers Association
Washington State Trial Lawyers Association
King County Bar Association
Snohomish County Bar Association
Federal Bar Association
Washington State Bar Association
BROWSE OUR WEBSITE
CONTACT INFORMATION
Phone: (360) 863-3728
Toll-Free: (844) 346-6815
Email: stephenm@monrolawfirm.com
Address: 1830 Bickford Avenue, Suite 204 Snohomish, WA 98290
BUSINESS HOURS
OUR LOCATION
The information on the website of Monro Law Firm P.S., Inc. is not intended to be and has never been legal advice. You should speak with an attorney if you want legal advice specific to your circumstance. Please contact us by phone, mail, or email; we look forward to hearing from you. A client-attorney relationship is not established by communicating with us in any way. Please do not email us any sensitive information until we have established an attorney-client relationship.
Bar Admissions:
Washington
U.S. Federal Court
Professional Associations and Memberships:
American Trial Lawyers Association
Washington State Trial Lawyers Association
King County Bar Association
Snohomish County Bar Association
Federal Bar Association
Washington State Bar Association