It is important to remember that the duty of a medical professional is not the duty to cure, or even to guarantee a good outcome from treatment. Medical malpractice does not occur every time medical treatment is not successful. Rather, the duty is to provide good medical care according to accepted standards in that medical specialty. Medicine is not an exact science, and doctors are not required to be right every time they make a diagnosis. A misdiagnosis can be arrived at even when all proper tests are performed accurately or are evaluated by a skilled doctor with the utmost care. A misdiagnosis becomes malpractice, however, if the doctor fails to get a medical history, to order the appropriate tests, or to recognize observable symptoms of the illness. In Washington, to prove that you were injured because of the failure of a health-care provider, you must show: (1) The health-care provider failed to exercise a duty of care, and (2) The failure was the proximate cause of the injury.
If you or a loved one has been injured as a result of possible medical malpractice, call the Law Office of Charles J. Brocato at 253-851-9164 or e-mail.