Breach of Warranty

A health care provider may be liable for breach of warranty if promised the patient or his representative that the injury suffered would not occur.[1]

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Standard of Care

In Washington by statute medical malpractice claims must be brought under one of three theories. Failure to follow the accepted standard of care Breach of warranty Failure to Provide informed consent[1] The standard of care has two elements:

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Wrongful Life

In a wrongful life claim the party making a claim alleges that a child was born with defects but the pregnancy would have been terminated but for the failure of medical providers to warn of foreseeable defects. Most states have refused to recognize the claim of wrongful life. Washington is one of a handful of states that […]

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Wrongful Conception

Wrongful conception, also known as wrongful pregnancy, is a case of action based on negligence in the provision of birth control or performance of sterilization procedures that result in an unwanted pregnancy.

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