What Counts as Medical Negligence in Washington?
Not every poor medical outcome is malpractice. But when a healthcare provider’s care falls below the accepted standard and causes harm, it may be considered medical negligence. Understanding what counts as negligence is critical to knowing whether you have a valid claim.
Legal note: This article is informational, not legal advice. Consult a lawyer to evaluate your specific situation.
Defining Medical Negligence Under Washington Law
Medical negligence occurs when a doctor, nurse, hospital, or other provider fails to meet the accepted standard of care or the level of care a reasonably skilled provider would give under similar circumstances. If that failure leads to injury or worsens a condition, the patient may have grounds for a claim.
Common Examples of Medical Negligence
Some of the most frequent forms of negligence include:
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Misdiagnosis or delayed diagnosis: failing to identify a condition in time for effective treatment
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Surgical errors: wrong site surgery, operating on the wrong patient, leaving objects inside the body
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Medication mistakes: prescribing the wrong drug, incorrect dosage, or dangerous interactions
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Birth injuries: improper monitoring during labor, delayed cesarean section, oxygen deprivation
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Failure to monitor: ignoring signs of deterioration or failing to follow up after a procedure
These examples show how negligence can cause preventable harm.
Negligence vs. Malpractice
While often used interchangeably, negligence and malpractice differ slightly:
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Negligence refers to the careless act itself.
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Malpractice describes negligence by a medical professional that results in patient harm.
In Washington, proving malpractice requires showing negligence, harm, and damages.
Proving Medical Negligence in Washington
To establish negligence, patients typically need to prove four elements:
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Duty of care: the provider owed a professional obligation to the patient.
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Breach of duty: the provider failed to meet the standard of care.
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Causation: the breach directly caused harm.
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Damages: the patient suffered measurable harm, such as medical costs, lost wages, or pain and suffering.
Expert testimony is usually required to explain the standard of care and how it was breached.
Is a Bad Outcome Automatically Negligence?
No. Medicine carries risks, and not every negative result is due to negligence. A poor outcome becomes negligence only when a provider’s conduct falls below the expected professional standard and causes preventable harm.
Medical Negligence in Washington FAQs
What is medical negligence?
It occurs when a provider’s care falls below the accepted standard and causes harm to the patient.
What are common examples of medical negligence?
Misdiagnosis, delayed diagnosis, surgical mistakes, medication errors, birth injuries, and failure to monitor patient conditions.
How do you prove medical negligence?
By showing duty of care, breach, causation, and damages, often with the help of expert testimony.
Is every poor outcome medical negligence?
No. Only when the provider breached the standard of care and caused harm does it count as negligence.
Why Victims Work With Campiche Andrews
Proving medical negligence in Washington is complex. Our attorneys work with experts, gather medical records, and present clear evidence to hold providers accountable. We guide patients and families through every step of the process.
Next step: Book a Free Case Review or visit our Seattle Medical Malpractice Lawyer page for more information.
