Washington Medical Malpractice Attorney
A bad medical outcome is not the same thing as medical malpractice, and that gap is where most potential claims are won or lost. Doctors and hospitals cannot promise a good result, but they are required to meet the accepted standard of care, and a Washington medical malpractice attorney spends most of the early case figuring out whether that standard was missed and whether the miss actually caused the harm. Injury Law Group NW represents patients and families who were hurt by medical negligence, and the firm serves clients across King County, the Eastside, Seattle, and the greater Puget Sound region.
These cases look different from a car crash or a fall. There is no police report and no photograph of the scene. The evidence lives in charts, imaging, nursing notes, medication records, and the judgment calls of clinicians, and it takes a qualified medical expert to say what a reasonably careful provider would have done differently. The deadlines are also stricter and more layered than in an ordinary injury case, which makes the first decisions you make after suspecting an error matter more than most people expect.
If you are reading this because something went wrong in a hospital, surgery center, or clinic, the sections below walk through the types of errors we investigate, how Washington’s filing rules work, and what to do while the records are still easy to get.
Why Choose Injury Law Group NW for a Medical Malpractice Claim
Injury Law Group NW is a personal injury firm that represents people hurt by someone else’s negligence, and the firm serves clients throughout King County, Seattle, Bellevue, the Eastside, and the wider Puget Sound region. Our attorneys spent decades defending insurance companies before representing injury victims, so they know how carriers and their defense counsel evaluate, delay, and contest claims. Consultations are free and confidential, and we work on a contingency fee basis, so there is no attorney fee unless we recover money for you.
That background matters in malpractice work, where the other side is usually a hospital system or physician group backed by an insurer and experienced defense lawyers. Troy Hunter, our founding partner, spent 16 years in insurance defense litigation, mostly as a partner at Floyd, Pflueger & Ringer, and he also serves as a dispute mediator. David D. Mordekhov spent two decades at Gardner Trabolsi & Mordekhov, a Seattle defense firm, trying wrongful death, catastrophic injury, and product liability cases before judges and juries. Troy and David are both rated AV Preeminent by Martindale-Hubbell. David has been selected to the Super Lawyers list and teaches trial and deposition skills as faculty at the National Institute for Trial Advocacy. Associate attorneys Warren Barreiro and Hannah Shergold complete the legal team, and our case managers return calls and texts promptly. The firm is a member of the Washington State Association for Justice, and our attorneys have argued at every level of the Washington court system, from district court to the Washington Supreme Court.
The most relevant proof of what that experience can do is a result in a case like yours: we recovered more than $1 million for parents whose newborn died after a hospital failed to adequately test for Group B Strep, and the case also led the hospital to change its procedures. Clients tell us the things they value are honesty, speed, and clear communication. David Mordekhov is fluent in Russian and has represented Russian and Ukrainian speaking families, and Warren Barreiro speaks Spanish, which matters when a family is trying to understand a medical record or a hospital’s explanation in their own language. We prepare every claim as though it will go to trial, because that is what makes an insurer take the claim seriously.
Types of Medical Negligence Claims We Investigate
- Surgical Errors: Operating on the wrong site, damaging a nearby organ, or leaving a sponge or instrument inside a patient. Retained foreign objects have their own filing rule in Washington, discussed below.
- Misdiagnosis and Delayed Diagnosis: Cancers, strokes, infections, and heart conditions that were missed or dismissed in an emergency room or primary care visit, allowing a treatable condition to become a serious or fatal one.
- Prescription and Medication Errors: Wrong drug, wrong dose, ignored allergies, or dangerous drug interactions that a prescriber or pharmacist should have caught.
- Birth Injuries: Failures in prenatal testing, fetal monitoring, or delivery decisions that harm a mother or newborn. Our Group B Strep result came from this category.
- Informed Consent Violations: Treatment performed without telling the patient about the material risks or reasonable alternatives, so the patient never had a real choice.
- Hospital and Nursing Failures: Missed warning signs after surgery, inadequate monitoring, patient falls, infections from poor protocols, and discharge decisions made too early.
- Anesthesia Mistakes: Dosing errors, failure to monitor vital signs, and equipment problems during surgery or procedures.
- Medical Negligence That Causes Death: When an error ends a life, a wrongful death claim may follow, brought by the personal representative for the benefit of the surviving family.
What to Do If You Suspect a Medical Error
The first decision is about records. Ask the hospital or clinic for your complete chart, including physician notes, nursing notes, lab results, imaging, medication administration records, and discharge paperwork. You are entitled to your own records, and requesting them early costs nothing and avoids arguments later about what was or was not written down. If you are still receiving care from the same provider, keep treating with someone you trust. Do not stop necessary treatment because you are angry; if you lose confidence in a provider, tell us and we can help you find a new doctor, because getting you well comes first.
Second, write down what you remember while it is fresh: who told you what, when symptoms started, what you were told about risks, and what changed after the procedure. Keep bills, pharmacy receipts, and a record of missed work. Avoid posting about the situation online, and be careful about discussing fault with hospital risk management or an insurance representative. A friendly call from a patient relations office is not a neutral conversation, and your words can be used to characterize the outcome as a known complication rather than a mistake.
Third, watch the clock. Washington sets three separate timing rules for malpractice cases. The general rule is three years from the negligent act, but if you did not and reasonably could not have discovered the injury, you may have one year from the date you discovered or should have discovered it. Separately, there is an eight-year outer limit counted from the act itself. A foreign object left inside the body is treated differently: the clock is one year from when you actually learn the object is there. A written, good-faith request for mediation before filing can pause the limitations period for one year. The Washington Supreme Court struck down the provision that had removed extra time for injured minors in malpractice cases, but exceptions for children and for people who cannot understand the proceedings are fact-specific, so do not assume a deadline has been extended without checking. If a county hospital, public clinic, or another government-run facility was involved, a formal claim must be presented to the right agency and a 60-day waiting period must pass before suit, which can change the practical timeline.
Finally, talk to a lawyer before assuming you have or do not have a case. Most malpractice claims turn on expert review, and we work with qualified medical experts to evaluate what happened and who is responsible. If a lawsuit is warranted, it would typically be filed in King County Superior Court, which sits in Seattle and in Kent depending on where the case belongs, and if the amount involved were small enough, the district court’s jurisdiction has an upper limit that is rarely suited to serious malpractice damages. Expect a process that includes records review, expert opinions, written discovery, depositions of the providers, and, if the case does not resolve, trial.
How Washington Law Treats Fault, Causation, and Damages in Malpractice
To win, a patient generally has to show that the provider fell below the accepted standard of care and that the failure caused the injury. The second half is where many cases are fought. A defense expert will often concede an error and argue the patient would have had the same outcome anyway. Building the causation case means connecting the record to the harm: what would have happened with a timely diagnosis, a proper dose, or a different surgical decision, and how the patient’s life changed because it did not.
Washington follows comparative fault, so if a patient is found partly responsible, for example for ignoring discharge instructions, compensation is reduced by that percentage but not eliminated. Defense teams sometimes push this argument to shift blame, and it is one reason the facts need careful review before any statement is given to an insurer.
Compensation can include past and future medical care, lost wages and earning capacity, and pain and suffering. In brain injury and birth injury cases, future care and vocational evidence can make up most of the value, and insurers often fight those figures hardest. Our attorneys evaluate claims the way carriers do internally, so we can tell you what a fair recovery looks like and push for it rather than accepting an early offer designed to close the file.
When a patient dies, the personal representative of the estate brings the wrongful death action for the benefit of the surviving spouse or state registered domestic partner and children, including stepchildren. If there is no spouse, partner, or child, parents or siblings may be the beneficiaries. Survival claims and a parent’s separate claim for a child’s injury or death may also come into play, and the three-year rule for death claims is counted from the date of death, though the malpractice timing rules above may also apply. These cases deserve patience and care, and we handle them that way.
Medical Malpractice Questions Washington Patients Ask
How long do I have to file a medical malpractice lawsuit in Washington?
The general limit is three years from the negligent act. If the injury could not reasonably have been discovered at the time, you may have one year from discovery, whichever is later. An eight-year outer limit generally applies regardless of discovery, with a different one-year rule for foreign objects left in the body.
What counts as medical malpractice versus a bad outcome?
Malpractice requires a failure to meet the accepted standard of care that caused harm. A complication that occurs despite proper care is usually not malpractice. A qualified medical expert has to review the records to say which one you experienced.
Do I need a medical expert to bring a claim?
In practice, yes. These cases depend on expert testimony about the standard of care and causation. We work with qualified experts during our investigation, before a lawsuit is filed, so you are not guessing whether a claim is viable.
Can I sue if I was partly at fault for my own injury?
Yes. Washington’s comparative fault rule reduces your recovery by your share of fault rather than barring it. If you were found 20 percent at fault, for example, you could still recover the remaining 80 percent of your damages.
How much does it cost to hire Injury Law Group NW?
The first consultation is free and confidential. We handle injury cases on a contingency fee basis, so you owe no attorney fee unless we recover compensation for you.
What if my doctor never told me about a risk that later happened to me?
That may be an informed consent claim. Providers must tell patients about material risks and reasonable alternatives before treatment. A three-year limitations period applies to these claims, and the key question is whether a reasonable patient would have chosen differently had they been told.
Can a surgical sponge or instrument left in my body be handled differently from other claims?
Yes. For a foreign body, Washington gives you one year from the time you actually know it is there. If you have just learned of one, that is a reason to speak with an attorney quickly.
Does asking for mediation first change the deadline?
A written, good-faith request for mediation before filing can toll the malpractice limitations period for one year. It is a tool with specific requirements, so confirm it with an attorney rather than relying on it informally. Troy Hunter’s work as a dispute mediator informs how we approach this option.
What if the care happened at a county or public hospital?
Claims against local government entities must be presented to the entity’s designated agent on the standard claim form, and you generally cannot file suit until 60 days after presentment. Email and fax are not recognized for most local government claims, so delivery method matters. State-run facilities have a parallel rule with their own 60-day wait.
Will my health insurance cover treatment while my claim is pending?
It can. We help clients coordinate health coverage and other sources so treatment continues while the claim moves forward, and we help keep medical bills under control. Do not delay needed care because a claim is unresolved.
How long does a malpractice case take?
There is no fixed timeline. Cases involving serious injuries often take longer because the full extent of future care needs has to be understood before a settlement makes sense, and defense teams in hospital cases often do not move quickly. We prepare for trial from the start, which helps keep cases from stalling.
Can I bring a claim if a family member died after a medical mistake?
Possibly. The personal representative of the estate brings a wrongful death action for the benefit of qualifying relatives. The beneficiaries include a spouse or registered domestic partner and children, and if none exist, parents or siblings. A review of the records will tell us whether negligence caused the death.
Serving Medical Malpractice Clients Across King County and the Puget Sound Region
We represent patients and families throughout King County, from Seattle and Bellevue to Kent and Renton. On the Eastside, that includes Issaquah, Sammamish, Redmond, and Kirkland, along with neighboring communities where people receive care at the region’s hospitals and specialty clinics. We also serve clients across the greater Seattle area and the broader Puget Sound region, and wherever you live in Washington, you can call us to talk about what happened.
If surgery, a hospital stay, or ongoing treatment has made travel difficult, we will come to you at your home or the hospital, at a time that works for you. Because medical records and providers are often spread across multiple facilities, geography rarely limits what we can investigate, and we regularly gather information from health systems around the region as we build a claim.
Talk to a Washington Medical Malpractice Lawyer About What Happened
If you believe a medical mistake harmed you or someone you love, a call to a Washington medical malpractice lawyer at Injury Law Group NW costs nothing and commits you to nothing. We will listen to what happened, explain how the timing rules apply to your situation, and tell you honestly whether the records point toward negligence. Call or text us to schedule a free, confidential consultation. We give hope. We get results.
