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Washington Medical Liability/Malpractice Statutes of Limitation

All states have set deadlines for when a patient may file a civil claim, known as statutes of limitation, for medical liability and malpractice claims. The majority of the states have special provisions regarding the time limits for minors to file medical liability and malpractice claims. Twenty-two states have special provisions regarding foreign objects.

Wash. Rev. Code §4.16.350 and §4.16.190 Three years from injury or one year from reasonable discovery, whichever is later. No more than eight years after act. Foreign object or fraud: one year after actual knowledge. Minors under age 18: time period during the person’s minority is not a part of the time limit imposed.

Washington Medical Liability/Medical Malpractice Laws

Damage Award Limit or Cap

No limitations. Limits on noneconomic damages (§4.56.250) declared unconstitutional by State Supreme Court (see Sofie v. Fireboard Corp., 112 Wash. 2d 636, 771 P.2d 711 (1989)).

Limits on Attorney Fees

§7.70.070. Court to determine reasonableness of each party's attorney fees.

Periodic Payments

§4.56.260. If the award for future economic damages is at least $100,000, the court or arbitrator shall, at the request of a party, enter a judgment which provides for the periodic payment in whole or in part of the future economic damages. Upon the death of the judgment creditor, the court which rendered the original judgment may, upon petition of any party in interest, modify the judgment to award and apportion the unpaid future damages. Money damages awarded for loss of future earnings shall not be reduced or payments terminated by reason of the death of the judgment creditor.

Patient Compensation or Injury Fund

None provided.

Medical or Peer Review Panels

§70.41.200. Quality improvement program