How Does Washington Law Handle Spinal Cord Injuries Caused By Medical Malpractice?
Washington law treats spinal cord injuries from medical negligence as medical malpractice claims, governed by specific statutes and procedural requirements. These cases arise when healthcare providers fail to meet the accepted standard of care during diagnosis, treatment, or surgery, resulting in permanent damage to the spinal cord. Herschensohn Law Firm, PLLC understands the medical and legal issues in these cases.
When Does Medical Care Become Malpractice?
Medical malpractice occurs when a healthcare provider's actions fall below what a reasonably competent provider would do in similar circumstances. For spinal cord injuries, this often involves:
- Surgical errors during spinal procedures
- Delayed diagnosis of spinal infections or tumors
- Improper administration of epidural anesthesia
- Failure to recognize symptoms of spinal compression
- Mistakes during emergency treatment of trauma patients
The key question is whether the injury was preventable with proper care. Not every bad outcome constitutes malpractice. You must prove that negligence directly caused the spinal cord damage.
What Do I Need To Prove In A Medical Malpractice Case?
Washington requires plaintiffs to establish four elements in medical malpractice claims. First, a doctor-patient relationship must have existed, creating a duty of care. Second, the provider breached that duty by failing to meet professional standards. Third, this breach directly caused your spinal cord injury. Fourth, you suffered damages as a result. The standard of care is typically established through expert testimony from other medical professionals. Your attorney will need qualified experts who can explain what should have happened and how the provider's actions deviated from accepted practices. According to the Washington State Legislature, medical malpractice claims must also include a certificate of merit from a qualified healthcare expert stating that the case has merit before filing.
How Long Do I Have To File A Lawsuit?
Washington gives you three years from the date of injury to file a medical malpractice lawsuit under most circumstances. However, there's also a one-year discovery rule. If you didn't immediately realize malpractice caused your injury, you have one year from when you discovered or reasonably should have discovered the connection between the negligent care and your spinal cord damage. There's an absolute eight-year limit from the date of the negligent act, regardless of when you discovered the injury. This applies even if you didn't know about the malpractice.
What Damages Can I Recover?
Spinal cord injuries from medical negligence often result in catastrophic, permanent disabilities. Washington law allows recovery of both economic and non-economic damages. Economic damages include past and future medical expenses, lost wages, reduced earning capacity, and costs for home modifications or assistive devices. These are calculated based on actual financial losses and projected future needs. Non-economic damages compensate for pain, suffering, loss of enjoyment of life, and disability. Unlike some states, Washington has no caps on damages in most medical malpractice cases.
Why Are These Cases So Challenging?
Medical malpractice claims involving spinal cord injuries present unique challenges. The medical records are often complex and voluminous. Multiple providers may share responsibility. Insurance companies aggressively defend these cases because the damages are typically substantial. You'll need medical experts who understand both the original condition and how proper treatment should have been handled. A Seattle spinal cord injury attorney with experience in medical malpractice can coordinate the necessary expert evaluations and testimony.
What Should I Do If I Suspect Medical Negligence Caused My Injury?
If you believe medical negligence caused or worsened a spinal cord injury, time is limited. Evidence must be preserved, medical records obtained, and experts consulted well before the statute of limitations expires. A Seattle spinal cord injury attorney can review your situation, gather medical documentation, and determine whether you have grounds for a claim. Taking action early protects your rights and gives your legal team time to build the strongest possible case for the compensation you deserve.
