Medical Malpractice

Medical malpractice is a form of negligence where an injury results from the failure of a medical professional or medical facility (doctor, nurse, medical technician, psychiatrist, or healthcare facility) to comply with the standard of care for one of the profession or class to which he or she belongs.  The health care provider has a duty to exercise the degree of skill, care, and learning expected of a reasonably prudent health care provider in the State of Washington acting in the same or similar circumstances at the time of treatment. The determination of whether a duty of care is met depends upon the standard of care for that professional or facility in their community. In other words, the applicable duty arises from the accepted practices of other professionals or facilities in the same field and geographical area. In the case of a doctor who is a medical specialist, the standard of care is determined by the standard of good medical practice in that specialty within the community.

It is important to remember that a medical professional does not guarantee the results of his or her care and treatment. A poor result is not, by itself, evidence of negligence. Medicine is not an exact science and doctors are not required to be right every time they make a diagnosis. A misdiagnosis can be arrived at even when all proper tests are performed accurately or evaluated by a skilled doctor with the utmost care. A misdiagnosis becomes malpractice, however, if the doctor fails to get a medical history, order the appropriate tests, or recognize observable symptoms of the illness. In Washington, in order to prove that you were injured due to the failure of a health provider, you must show: (1) the health care provider failed to exercise a duty of care and (2) the failure was the proximate cause of the injury.   We handle cases involving:

  • Birth injuries
  • Cerebral palsy
  • Doctor negligence
  • Hospital error
  • Misdiagnosis or delay in diagnosis
  • Misdiagnosis of cancer
  • Nursing home abuse or neglect

If you or a loved one has been injured as a result of possible medical malpractice, call Crary Clark & Domanico now at (509)926-4900 or Click Here to Submit a Simple Case Form. The initial consultation is free of charge, and, if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.