Can You Sue a Doctor for Misdiagnosis in Washington?
According to the National Library of Medicine, misdiagnosis has outpaced surgical accidents as the leading cause of healthcare-related legal claims. Additionally, research suggests that diagnostic errors account for roughly 14% of all medical errors and are generally associated with a worse prognosis than other common medical mistakes.
While it is important to understand that healthcare professionals are human and prone to making mistakes, it is also crucial to bear in mind the potentially dire consequences of misdiagnosis for patients seeking explanations for their health challenges. If you were misdiagnosed by a medical professional as a result of negligence or a deviation from the accepted standard of care, you may be entitled to compensation by way of a medical malpractice lawsuit. Let’s take a closer look at the legal implications of medical misdiagnosis and discuss when it is appropriate to file a medical malpractice suit in cases of misdiagnosis.
Misdiagnosis vs. malpractice: Spot the difference
First things first, it is critical to understand that misdiagnosis is not evidence of medical malpractice in and of itself. The diagnostic process is complicated and, in some cases, requires input from multiple medical professionals across various disciplines. It is not uncommon for medical providers to consider multiple diagnoses before landing on the “right” one, and this process is generally considered well within the confines of a normal standard of care.
In some situations, however, misdiagnosis may be directly attributable to the negligence of a medical provider or healthcare facility. In these cases, it may be prudent for affected patients to file medical malpractice suits in an effort to recover compensatory damages associated with their medical care, legal expenses, pain and suffering.
While misdiagnosis may not be intentional on the part of a provider, an incorrect diagnosis can have far-reaching negative consequences for patients and their families. When a patient is misdiagnosed, he or she may spend time undergoing medical treatments that are not actually necessary and are, in some cases, harmful. These unnecessary treatments are not just financially burdensome for many patients, but they can actually exacerbate medical conditions or contribute to the development of new symptoms and illnesses.
For these patients, compensatory damages play a vital role in the recovery process as they can be used to reimburse the patient for unnecessary medical expenses and help cover the cost of new expenses incurred over the course of their treatment moving forward.
How does the state define negligence?
According to the Revised Code of Washington, a plaintiff in a medical malpractice suit must establish that his or her injury occurred as the result of negligence by proving one or more of the following propositions:
- That injury resulted from the failure of a health care provider to follow the accepted standard of care;
- That a health care provider promised the patient or his or her representative that the injury suffered would not occur;
- That injury resulted from health care to which the patient or his or her representative did not consent.
If at least one of the above criteria is met, a patient may be able to sue the medical provider for damages related to their misdiagnosis. Notably, the burden of proof in these cases falls upon the plaintiff, so it is vital that patients work with experienced legal teams to help compile a wealth of evidence to support their claims.
Who can be held liable for misdiagnosis?
The State of Washington outlines a number of parties who may be held liable in cases of misdiagnosis that occurred as a result of negligence. As per the Revised Code of Washington, the list of responsible parties includes:
- A person licensed by the state to provide health care or related services, including, but not limited to:
- Physicians, osteopathic physicians, dentists, nurses, optometrists, podiatric physicians and surgeons, chiropractors, physical therapists, psychologists, pharmacists, opticians, physician’s assistants, osteopathic physician’s assistants, nurse practitioners, or physician’s trained mobile intensive care paramedics
- An employee or agent of a person described above, acting in the course and scope of his or her employment
- An entity, whether or not incorporated, facility, or institution employing one or more persons described above, such as hospitals, clinics, health maintenance organizations, or nursing homes
The State of Washington makes clear that, as long as an individual or facility was rendering services in an approved, professional setting, that entity may be deemed liable in a court of law for damages associated with a medical misdiagnosis. Washington’s legal statutes also dictate that, in the event that a responsible party is deceased by the time a malpractice claim is filed, his or her estate or legal representative can be held responsible for any assessed compensatory damages as long as a case is brought in accordance with the State’s statute of limitations.
How long do I have to file a claim?
In some situations, it can take a significant amount of time for a patient to become aware of a misdiagnosis or its ramifications. For this reason, the State of Washington sets forth a clear statute of limitations in medical malpractice cases that takes into account the potential for a delayed response to misdiagnosis.
In Washington State, patients must file a claim within three years of a provider’s negligent actions OR within one year of discovering that an injury or condition occurred as the result of negligence, whichever comes later. Notably, claims cannot be filed if more than eight years have passed since the misdiagnosis or other negligent acts occurred.
Mediation, arbitration or court?
Washington State law dictates when it is and is not appropriate for civil matters such as medical malpractice claims to go to court. The Revised Code of Washington states that any civil action in which the desired outcome is compensation of less than $15,000 (or less than $100,000 in some cases if a judge so decides) is subject to civil arbitration rather than a trial.
Cases that do not fall within this framework – such as malpractice cases in which desired compensation exceeds $100,000 – are subject to a mandatory period of mediation prior to superior court action. The initiation of such a mediation period will toll or pause the statute of limitations on the malpractice incident for one year, thus empowering plaintiffs to pursue further legal action if mediation efforts prove unsuccessful.
Have you been impacted by a medical misdiagnosis?
If you live in the Seattle area and believe you have been misdiagnosed as a result of professional negligence, the medical malpractice lawyers at Smith McBroom may be able to help. Our team of trial attorneys and law counselors can offer the guidance you need to better understand the complexities of a medical malpractice suit and help you find the most appropriate resolution for your unique case. Reach out today to schedule a case evaluation and explore all of the legal options available to you as you navigate the next steps in your journey.