If you have been harmed by a medical error, you may be eligible for compensation. However, medical malpractice cases are complex and require detailed investigation and expertise. Many states limit the amount of damages plaintiffs can recover in a WA Malpractice Case Review case. Some states also restrict the types of defendants claimants can sue for negligence.

Statute of Limitations

A statute of limitations sets a strict limit on how long you can wait to file a lawsuit against healthcare providers. However, medical malpractice cases are different because patients often have trouble knowing that a healthcare provider committed a wrongful act until long after the incident occurred. For this reason, courts have developed techniques to help extend the statutory period for medical malpractice claims.

Under Washington state law, you have three years from the time you learn about a medical error to file a malpractice claim. However, this 3-year limit is subject to several exceptions, including situations in which a foreign object is left inside your body after a procedure, or if the healthcare provider commits fraud or concealment. Additionally, you can pause the clock on your lawsuit by making a good faith request for mediation before filing.

In addition, actions for legal malpractice have a statute of limitations of 2 years, and the accrual date is when you discover the act or when it should have been discovered, whichever is later.

Mediation

If a physician receives a complaint that does not appear to meet the requirements of a medical disciplinary claim, it should be referred to mediation. This is a voluntary, private negotiation process with the assistance of a neutral third party.

It is designed to address a patient’s needs and concerns, in contrast with a rights-based approach in litigation which often results in a winner and loser. Mediation allows for a more thorough and detailed discussion of a dispute and can help preserve a patient-physician relationship.

The parties in a mediation session typically work mutually toward resolution. This often creates more value for the participants and their attorneys than could have been achieved in a court of law. A negotiated settlement is also more likely to be adhered to. It is important to understand that a mediation agreement must be signed by all parties, and this can affect the legal costs involved in the case. In addition, confidentiality is strictly enforced in a mediation proceeding.