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Procedures in Malpractice Cases

The State of Washington has laws that severely restrict the rights of people in a malpractice case. Not only do the laws require that appropriate notice be given before a suit can be filed, but a Declaration of Merit must be signed by an expert witness in order to proceed in this type of case. The law also allows damages, including reasonable attorney’s fees, for filing a frivolous or unfounded lawsuit. Therefore, it is very important that a case of this nature be carefully investigated and evaluated before filing a lawsuit. Dental and Medical malpractice cases are expensive to prepare, time consuming, and have significant importance to all persons involved. We therefore make it a policy to carefully evaluate cases that we accept in this office.

Furthermore, the law requires that a qualified healthcare provider must testify that malpractice has occurred. If such a testifying witness cannot be found, the case will be dismissed. Therefore, one of the first steps is to have a qualified dentist or physician review the facts and the records in an effort to see if the case has merit and whether a qualified witness can be found who is willing to testify.

Contact us for more information about how these procedures may affect your case.

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