After a serious accident in Washington State or elsewhere in the Pacific Northwest, medical care often becomes the next crucial step in recovery. But what happens if something goes wrong in treatment? It’s important to understand the difference between medical malpractice and an unfortunate medical outcome.
Medical malpractice happens when a doctor, nurse, or other healthcare provider fails to meet the standard of care, in other words, they act in a way that a reasonably skilled professional would not have acted in the same situation. If that mistake directly causes harm, it may be malpractice.
In more unethical cases, any kind of impairment, such as a surgeon or anesthesiologist working under the influence of drugs or alcohol, is considered malpractice, because the professional’s ability to safely treat the patient is compromised.
Unfortunate outcomes, on the other hand, can happen even when doctors do everything right. Medicine isn’t always an exact science, and recovery after an accident can be unpredictable. A patient may develop complications after surgery, or a condition may worsen despite early treatment. These results, while heartbreaking, don’t always mean malpractice occurred.
Here are the key differences:
- Cause of harm: Malpractice stems from negligence or a breach of duty; negative outcomes can occur despite proper care.
- Legal options: Malpractice can open the door to a legal claim for compensation; bad outcomes without negligence usually do not.
- Proof required: Malpractice cases demand evidence showing that a provider deviated from the accepted medical standard and that this directly caused the harm.
The Four Elements of a Medical Malpractice Claim
For a medical malpractice case to move forward, Washington law requires proof of four key elements:
- Provider–patient relationship
There must be a clear relationship between the patient and the healthcare professional. For example, if you were admitted to a hospital in the Pacific Northwest after a car accident, the doctors treating you owe you that duty of care. - Breach of the standard of care
The provider must have acted outside what a reasonably skilled professional would have done under the same circumstances. This could include misreading scans after an accident injury, operating while impaired, or ignoring known risks. - Causation
It isn’t enough to show that a doctor made a mistake — that mistake must have directly caused harm. If the error had no effect on the outcome, then it won’t meet this standard. - Damages
Finally, the patient must show real losses. These may include medical bills from extended treatment, wages lost while recovering, or the physical and emotional toll of additional suffering.
$11 Million Medical Malpractice Settlement in Washington State
The Northwest has seen a steady rise in high-dollar medical malpractice cases, often called “nuclear verdicts.” One of the most notable examples is the case of Milana Richardson et. al. v. State of Washington et. al., where a King County Superior Court approved a $11,025,000 settlement.
Case Story
What began as a rear-end collision with a tow truck in October 2018 appeared, at first, to be a minor incident. Milana Richardson walked away with injuries that didn’t seem life-changing. But in the months that followed, her condition took a devastating turn.
Richardson suffered a subarachnoid hemorrhage and required hospital treatment. According to the plaintiffs, that’s where things went critically wrong. They argued that the hospital failed to monitor and treat vasospasm, a known risk after a brain hemorrhage. This alleged negligence led to multiple strokes and left Richardson with permanent brain damage — injuries that transformed not only her life, but also the lives of her family.
The Settlement Breakdown
The settlement reflects the gravity of the harm suffered:
- $10,000,000 paid by the defendant hospital.
- $1,000,000 from All Day Towing’s insurance policy.
- $25,000 in underinsured motorist benefits.
Why It Matters
Cases like Richardson’s illustrate how a chain of events: a car accident followed by medical missteps can escalate into life-altering outcomes. For patients and families, they underscore the importance of accountability. For providers, they highlight the immense legal and financial risks tied to lapses in care.
Examples of Medical Malpractice After an Accident
When someone is injured in a car crash or another serious accident in Washington, the road to recovery often involves hospitals, surgeries, and long-term treatment. That’s where mistakes can happen — not because the accident itself was preventable, but because the care afterwards falls below professional standards. Here are some situations that illustrate the difference:
- Misdiagnosis or delayed diagnosis
Picture a driver rushed to the ER after a collision in Spokane. They complain of chest pain, but the doctor dismisses it as muscle strain without ordering imaging. Hours later, it turns out they were suffering from internal bleeding. That missed diagnosis can turn a survivable injury into a life-threatening one. - Surgical errors
After a rollover accident, a patient requires back surgery. Instead of repairing the correct vertebra, the surgeon operates on the wrong level of the spine. Not only does this fail to address the original injury, but it leaves the patient with new complications. - Anesthesia mistakes
During surgery to repair broken bones from a crash on I-5, an anesthesiologist administers the wrong dosage. The result is a brain injury that the accident itself didn’t cause, but now becomes part of the victim’s reality. - Medication errors
A patient recovering from whiplash and fractures is prescribed a pain medication that interacts dangerously with another prescription. The oversight causes severe complications that could have been avoided with proper review. - Failure to monitor
After a collision in the Pacific Northwest, a patient undergoes a routine procedure to stabilize internal injuries. Nurses fail to monitor oxygen levels closely, leading to a preventable brain injury. - Infections
Following surgery after a serious accident, a patient develops a staph infection because hospital staff did not properly sterilize equipment or maintain hygiene standards. Instead of focusing on physical therapy and recovery, the patient now faces additional hospitalization, antibiotics, and long-term health consequences. - Defective medical equipment
A crash victim depends on a ventilator after a traumatic chest injury. When the machine malfunctions — or when hospital staff fail to recognize the warning signs of failure — the result can be permanent brain damage. In these cases, liability may fall on the manufacturer, but often the medical team also shares responsibility for not acting quickly enough.
The difference is subtle but crucial: a poor outcome can be part of the known risks of treatment, but malpractice happens when professionals make preventable mistakes. For accident victims already struggling with recovery, those errors can add an entirely new layer of harm.
How long do I have to file a medical malpractice case in Washington?
Before filing a medical malpractice claim in Washington, it’s important to understand the statute of limitations. This law sets the deadline for how long a victim has to initiate legal action. In Washington, most medical malpractice claims must be filed within three years of the date the malpractice occurred. However, the law allows for some exceptions.
Washington follows what’s called the “discovery rule.” This means that if a patient could not have reasonably discovered their injury right away, the clock may start later, at the point when the harm becomes apparent. This rule exists because certain injuries or complications may not show symptoms immediately.
Example
Imagine Mark, a 42-year-old man injured in a serious car crash. He is rushed into surgery to repair internal bleeding. After recovering, Mark assumes everything went as planned. Three years later, he begins experiencing sharp abdominal pain and repeated infections. Eventually, another hospital discovers that a small piece of surgical sponge was left inside him during the emergency procedure following the crash.
Because the object remained undetected for years, Mark didn’t know he was a victim of malpractice at the time of surgery. Under Washington’s discovery rule, the statute of limitations would begin from the moment he reasonably uncovered the cause of his injury—not the original date of the operation.
Who Is Responsible in a Washington Medical Malpractice Case?
Identifying who is legally responsible in a Washington medical malpractice case is a pivotal step. In some cases, the answer is clear — for example, a surgeon who operates on the wrong body part. But in many instances, responsibility is shared among multiple providers, facilities, or even equipment manufacturers. Hospitals and clinics in the Pacific Northwest often involve large teams of professionals, which can make tracing liability complex.
Washington law defines a health care provider broadly. This includes physicians, hospitals, nurses, pharmacists, dentists, anesthesiologists, physician assistants, chiropractors, therapists, and even emergency medical technicians. In other words, liability isn’t limited to a single doctor — multiple parties may be defendants if their negligence contributed to your injury.
What If You Are Partially at Fault?
Washington follows a pure comparative negligence system. This means even if you share some responsibility for your injuries, you may still recover compensation — though the amount will be reduced by your percentage of fault.
For example, if you failed to disclose a history of substance dependence before being prescribed strong painkillers during recovery, and your relapse worsened your condition, the court may assign you a portion of fault. However, you would still be entitled to compensation for the provider’s negligence.
Washington State Medical Malpractice Statistics (2018–2022)
Total Claims
- 3,286 malpractice claims closed between 2018 and 2022.
- 1,909 from commercial insurers.
- 1,337 from self-insured entities (such as hospitals and healthcare systems).
- 40 from risk retention groups.
Payments to Claimants
- 47.7% of all claims resulted in an indemnity payment (money awarded to a claimant).
- $949 million paid out in indemnity over five years.
- Average: $605,382 per paid claim.
- In 2022: Average jumped to $861,467 per paid claim.
- $617 million paid for economic losses (lost wages, future medical costs, etc.).
- Average: $393,767 per paid claim.
- On average, 65% of each payout was tied to economic loss.
- High-value claims:
- 16.7% of indemnity claims paid $1 million or more.
- These large claims made up 74.5% of the total indemnity paid in Washington during this period.
Defense Costs
- $252 million spent defending malpractice claims.
- Covered 2,941 claims.
- Average defense cost: $85,712 per claim.
- Sharp increase in defense costs (2021–2022):
- Average cost rose 65%.
In Summary
Medical malpractice remains a serious concern across Washington and the greater Pacific Northwes. From preventable infections and defective equipment to multi-million-dollar settlements like the Richardson case, these situations reveal how quickly accidents and medical errors can spiral into devastating consequences. For patients and families, the message is clear: when treatment after an accident leads to further harm, legal accountability may be the only path to recovery and justice.