09/24/2026
What to Do If You Suspect You Were Harmed by a Medical Mistake
You expect your healthcare providers to always take every precaution and keep you safe when treating you. Yet it’s common to experience injury or illness because a practitioner was negligent, careless, or inexperienced.
Medical malpractice or negligence happens in a variety of ways, but it can be confusing to determine whether you have a valid claim. Washington personal injury attorney Marlena Grundy from PNW Strategic Legal Solutions explains what to do if you suspect you were harmed by a medical mistake.
1. Learn What Medical Malpractice Means
Under the Revised Code of Washington (RCW) Title 48.140.010, medical malpractice is “an actual or alleged negligent act, error, or omission in providing or failing to provide health care services.” This can include a wide range of circumstances, including:
-Errors during surgery, such as leaving a foreign object in your body or operating on the wrong body part
-Diagnosis issues, such as delayed diagnosis, misdiagnosis, and failure to diagnose
-Failure to obtain informed consent
-Prescription errors, such as the wrong medicine, the wrong amount, or the wrong delivery method
-Anesthesia errors during surgery
-Sanitation issues that lead to hospital-acquired illnesses
-Birth injuries to the parent or child during delivery
Medical malpractice can result in illness, injury, or another adverse event as described in Washington Administrative Code (WAC) Title 246-302-030. According to the Revised Code of Washington (RCW) Chapter 7.70, you have the right to seek compensation through an insurance claim or lawsuit.
2. Gather Evidence to Support Your Suspicion of Malpractice
If you suspect your caregiver’s actions meet the definition of malpractice, take these actions to collect documentation about what happened:
-Don’t speak to your caregiver about your suspicion.
-Get a second opinion from another doctor.
-Submit a request for your full medical records, including practitioner notes.
-Photograph your injuries or other symptoms.
-Start a journal recording your pain level and emotional state.
-Speak with a medical malpractice attorney in Washington.
It’s vital to assess your case with help from an experienced lawyer before you take any action. Your attorney can help you collect additional materials and explain the process for filing a medical malpractice claim in Washington.
3. Prepare to File Your Medical Malpractice Claim
Unlike other personal injury claims, you must take extra steps before filing a medical malpractice lawsuit. First, you’ll need to file a claim with the provider’s insurance policy and try to negotiate a settlement. If the insurance company doesn't make a fair offer, you can proceed to a lawsuit. You must also present substantial proof (known as a preponderance of the evidence) supporting the following elements to establish negligence:
1. Patient-provider relationship: You and the practitioner had a relationship where you asked for treatment, and they provided it.
2. Duty of care: The practitioner owed you a duty of care to avoid causing you harm.
3. Breach of duty: The caregiver’s actions breached the duty of care by medical error, negligence, or malpractice.
4. Causation: Their action or failure to take action directly caused your illness or injury.
5. Damages: You have expenses and emotional harm resulting from the negligence.
Under the Revised Code of Washington (RCW) Section 7.70.030, your attorney must show that the provider deviated from the standard of care for your condition and that you had no expectation that harm would occur. Medical malpractice cases are very challenging and complicated, so your lawyer should have a strong background in this area of law to prepare a powerful case.
4. Act Quickly Once You Suspect Medical Malpractice
Building a malpractice claim takes time and diligence, and the best thing you can do is give your attorney as much time to prepare as possible. By arranging a consultation as soon as you suspect a problem, you allow your lawyer to fully investigate your case and craft a strategy for achieving the best outcome. You also reduce your risk that the statute of limitations (Revised Code of Washington (RCW) Section 4.16.350) will expire.
Even if it’s been a few weeks or months since you believe the harm occurred, you still have time to file your medical malpractice claim in Washington. The limit is three years after you discover your illness or injury, during which you can negotiate with the medical malpractice insurance company while building your lawsuit. There are some circumstances that can shorten or extend the statute of limitations, so consult with your attorney to verify your timeline.
5. Understand Ways to Strengthen Your Claim
Once you begin pursuing a medical malpractice case, you can assist your attorney by following these recommendations to avoid jeopardizing the case:
-Maintain your treatment program for both your initial medical problem and the new one resulting from the provider’s negligence.
-Ask witnesses, family members, and friends to provide statements regarding your injury and its impact on your life.
-Keep all new medical records and share them with your legal team.
-Avoid posting on social media or discussing the case with anyone other than your lawyer.
-Ask your attorney to manage communications with insurance providers and defendants.
-Be honest about whether you contributed to your illness or injury in any way.
The Revised Code of Washington (RCW) Section 4.22.005 lets you seek compensation even if you’re 99% to blame, but you won't recover as much. For example, if the doctor treated you based on your stated medical history, but you gave inaccurate information, you could be found partially at fault. A $10,000 claim becomes only $3,000 if you are 70% at fault.
Talk to an Experienced Personal Injury Attorney If You Suspect Medical Malpractice
Every case will be unique, and each medical malpractice claim requires evaluation to determine if it has merit. Fortunately, you can arrange a free case review with Marlena Grundy at PNW Strategic Legal Solutions to find out whether your medical malpractice suspicions could be true.
Marlena understands what it’s like to suffer the uncertainty and worry of a personal injury experience. Recognized as a Super Lawyer Rising Star and Super Lawyer since 2021, she and her team offer compassionate, qualified, and skillful support to help you secure the settlement you need to move on in your life. Schedule your complimentary consultation when you contact us today.
More info on our website: 🔗https://pnwstrategiclegalsolutions.com/
*This post is for informational purposes only and does not constitute legal advice or establish an attorney-client relationship.