Medical Malpractice

C rary, Clark & Domanico are Spokane injury lawyers located in Spokane Valley. We are highly adept in handling medical malpractice cases.

Medical malpractice is professional negligence by act or omission by a health care provider in which care provided deviates from accepted standards of practice in the medical community and causes injury or death to the patient.

In order to bring a claim of medical malpractice, it is necessary to prove that the healthcare provider failed to exercise that degree of care, skill, and learning expected of a reasonably prudent health care provider at that time in the profession or class to which he/she belongs, in the state of Washington, acting in the same or similar circumstances; and that such failure was a proximate cause of the injury complained of.
Medical professionals are required to maintain professional liability insurance to offset the risk and costs of lawsuits based on medical malpractice.

Without damages (losses which may be pecuniary or emotional), there is no basis for a claim, regardless of whether the medical provider was negligent. Likewise, damages can occur without negligence, for example, when someone dies from a fatal disease.

  • The statute of limitations period in the state of Washington requires that patients initiate legal action against a doctor no more than one (1) year after discovery or no more than three (3) years after the date of the incident of negligence, whichever date is later. A statute of repose on claims of medical negligence in the state of Washington stands at eight (8) years for all claims, save for those involving foreign body, intentional fraud, or concealment.
  • The state of Washington adheres to a pure doctrine of comparative negligence in medical negligence cases, which means a patient’s ability to recover damages is never barred and in light of contributory fault, will only be diminished proportional to the level of fault.
  • Save for cases of gross deviation from the standard of care easily appreciated by a layperson, any viable medical malpractice claim against a doctor will require expert testimony attesting to the validity of the standard of care, breach of standard of care, and the proximate cause of injuries.

As Spokane Washington medical malpractice lawyers, we help our clients establish the legal responsibility, review and prove the damages, and collect the financial settlement or judgment. We handle all of the aspects and are prepared to help our clients get through the pain and anguish resulting from the medical malpractice case.

We invite you to call us and discuss your medical malpractice case at no obligation to you. We provide free case evaluation. We have a no recovery, no fee policy: unless compensation is obtained, no fee is owed. The smartest thing for you to do if you've been a victim of medical malpractice is to seek good legal advice. Good advice starts right here, at CRARY, CLARK & DOMANICO. Call us at (509) 926-4900 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM as soon as possible so that your medical malpractice case has the best chance at succeeding.