A medical malpractice claim can be extremely stressful to pursue. Like any other personal injury civil claim, the full burden of proof rests with the plaintiff. Attempting to pursue a lawsuit alone is never a good idea because it can often lead to needless mistakes and delays that can cause a victim to be unable to recover a fair settlement. With this information, victims can better understand what they can expect from the process of working with a personal injury attorney in Olympia, WA.
There are four aspects that must be proven in pursuing a medical negligence claim:
* The victim must be able to prove that a duty of care was owed by the doctor. This means a doctor-patient relationship must have existed. This is one of the easiest areas to prove because medical bills and records can substantiate the duty of care.
* The victim must then be able to prove the doctor deviated from the standard practice of care. This constitutes a breach in the duty of care that was owed to the patient.
* There must be a causal relationship between the doctor’s breach of duty of care and the patient’s injuries. In simpler terms, the actions or neglect of the doctor must have caused the injuries the patient suffered.
* The injuries that were suffered by the patient must be measurable. Medical bills, loss of income and pain and suffering can all be determined by an attorney.
The attorney will first make a formal written request to obtain all applicable medical records for their client. Before a medical malpractice claim can head to court in the state of Washington, the parties must go through mandatory mediation meetings in an attempt to settle. The statute of limitations is three years for medical negligence claims in Washington. While most claims are settled outside of court, this is not always possible.
Those who believe they have a viable medical negligence claim are urged to seek legal help from a personal injury attorney in Olympia, WA. If you would like to schedule a consultation meeting, contact the office of Putnam Lieb & Potvin, Attorneys at Law. They will help you through every aspect of your claim.