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Was there a doctor-patient or provider-patient relationship that created a duty of care?
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Mt. Vernon residents enjoy the comfort of knowing that when injury or illness strike, local medical facilities are among the best in the state of Washington. Skagit Valley Hospital and Hospital De Mt. Vernon are just a couple of examples of the top-tier medical institutions that are available to residents. No medical institution anywhere, however, is completely immune to the risk of medical malpractice.

Medical malpractice occurs when a doctor or other health care professional’s diagnosis or treatment of a patient falls below a professional standard of care, and this failure harms the patient in some way. The standard of care is variable – a general practitioner will probably be held to a lower standard of care than a specialist (although a general practitioner might commit malpractice by failing to refer a patient to a specialist when called for).
Generally, however, the term “standard of care” refers to the type and level of care that an ordinary, prudent health care professional, with the same training and experience as the health care provider involved in the case, would provide under similar circumstances in the same community. Essentially, this means that, in a medical malpractice case, the question at issue is: “Would another health care professional with similar training and skills have provided me with the same treatment under these circumstances?” If the answer is “no” and you suffered harm as a result of the failure to provide adequate care, you may have a valid medical malpractice case.
Any number of circumstances can ultimately lead to a medical malpractice claim. Certainly, we all have our own unique medical conditions, and our medical treatment experiences will therefore be slightly different as well. Nevertheless, the following examples are some of the most common examples of medical malpractice, though there are certainly many other scenarios in which medical malpractice could occur:
Regardless of the particular incident that occurred, a successful medical malpractice claim will require proof of the following elements:
Proving these elements is essential to a successful medical malpractice claim. To do so, it is very important to retain a knowledgeable and experienced attorney who understands medical malpractice law and how to put that knowledge to use on your behalf.
Medical malpractice cases usually turn on one central question: did a healthcare provider fail to meet the professional standard of care, and did that failure cause measurable harm? The answer often depends on medical records, expert review, timing, damages, and how clearly the case connects the mistake to the injury.
These cases often require a careful review of symptoms, test results, referrals, imaging, lab reports, chart notes, and whether a reasonably careful provider would have taken different action.
Medical malpractice claims are technical. A strong review starts with the records that show what happened, who was involved, what the provider knew, what should have been done, and how the outcome changed.
A bad outcome is not automatically malpractice. The claim usually becomes stronger when the evidence can answer each of these questions clearly.
Was there a doctor-patient or provider-patient relationship that created a duty of care?
What would a reasonably careful provider with similar training have done under similar circumstances?
Did the provider’s failure cause or worsen the injury, rather than simply coincide with it?
Did the mistake cause measurable losses such as medical bills, future care, lost income, disability, pain, or death?
These results show the kind of serious medical, developmental, cognitive, and long-term damages that can be involved when a healthcare mistake or care-related failure causes harm.
Recovery for a child injured at birth due to negligence involving medical providers and the State of Washington.
Recovery for an elderly client injured during medical transport after the driver failed to properly secure her.
Serious medical malpractice claims may involve lifelong care, lost earning ability, therapy, treatment, mobility limits, and family support needs.
Medical malpractice cases require a careful review of medicine, records, expert opinions, financial loss, and the human impact of the injury. Each attorney brings a different lens to that review.
David’s approach is direct and practical. In a medical malpractice case, that means explaining the standard of care, what the records show, where the proof is strong, and where expert review is needed before the client makes decisions.
Matt’s background in economics helps shape how damages are presented. In a malpractice claim, the review may need to connect treatment costs, lost earnings, future care, rehabilitation, disability, and reduced independence.
Paula’s perspective focuses on explaining what the injury changed. Medical malpractice harm can be difficult to describe because the damage may affect trust, independence, mobility, family routines, grief, and the way a person feels inside their own body.

Anyone fresh from passing the bar exam can hang out a shingle and seek medical malpractice clients. Likewise, a trusts and estates expert can take a break from drafting trust agreements to deal with a medical malpractice case. For best results, however, you are going to need a law firm that handles personal injury cases, and especially medical malpractice cases, on a frequent basis. That would be us.
At Brett McCandlis Brown & Conner, we have been winning settlements and verdicts for our clients since 1972. During that time, we have handled over 2,500 cases and we have secured a cumulative total of over $100,000,000 in damages for our clients. There isn’t much that can happen in a medical malpractice case that we haven’t seen before.
In addition to medical malpractice cases, we also frequently handle the following types of cases:
All of these types of cases can be exacerbated by medical malpractice.
To win, you will need to retain expert medical witnesses to analyze your case and testify on your behalf. The use of professional expert witnesses is common in medical malpractice cases. Medical experts are also useful in settlement negotiations to encourage the defendant to settle in the face of your strong case.
The statute of limitations sets a deadline for you to file a lawsuit. If you miss it, your case will be dismissed. The Washington medical malpractice statute of limitations deadline is three years from the date that the malpractice occurred, with the following exceptions:
Under no circumstances can you bring a medical malpractice claim later than 8 years after the malpractice occurred.
Under Washington law, you must first attempt to mediate your medical malpractice claim before you file a lawsuit. If you do, the statute of limitations period is suspended for a year.
If your injuries were partially your fault, a proportionate amount can be subtracted from your damages. A medical malpractice defendant might raise this defense if, for example, you failed to follow doctor’s orders and this failure contributed to your injury or illness.
Medical malpractice claims tend to be complex undertakings requiring technical expertise, negotiating skills, and an intimate knowledge of both medical malpractice law and the rules of evidence and civil procedure. Our Mt. Vernon medical malpractice attorney is well versed in all of these areas of practice, and we know how to tailor our strategy to the individual concerns of each client.
If you believe that you may have been victimized by medical malpractice (it’s not always obvious), then contact a skilled Mt. Vernon medical malpractice lawyer at Brett McCandlis Brown & Conner as soon as possible by calling or by filling out our online contact form for a free initial consultation. Our lawyers serve clients from Twin Brooks, Skagit Highlands, Pine Creek Estates, and elsewhere in Mt. Vernon. Remember: If we don’t win, you don’t pay us a dime.