The Statute of Limitations for Medical Malpractice in Washington State

 

File a medical malpractice lawsuit in Washington state within three years of an injury. If you discover the harm after three years, legal options may still exist.

Timely legal action is critical in medical malpractice cases. Knowing the statute of limitations in Washington can help ensure your right to compensation is not lost.

Key Takeaways

• Medical malpractice claims in Washington must be filed within 3 years of the incident or 1 year after discovering the error.
• Exceptions exist for minors and cases involving fraud or intentional concealment.
• Understanding these time limits is crucial for timely legal action.

Can I Sue for Medical Malpractice in Washington?

Yes. If a healthcare provider in Washington State caused you injury through negligent care, you have the right to file a medical malpractice lawsuit. However, several conditions must be met before a claim can proceed.

First, you must be able to show that the healthcare provider owed you a duty of care, which is established by the existence of a doctor-patient relationship. If you were a patient under their care, this element is typically straightforward.

Second, you must demonstrate that the provider breached the standard of care. This means their treatment fell below what a reasonably competent provider in the same specialty would have done under similar circumstances. Proving a breach of the standard of care almost always requires testimony from a qualified medical expert.

Third, you must show that the provider’s negligence directly caused your injury. A bad outcome alone does not constitute malpractice. Not every surgery with complications, unexpected side effect, or treatment that did not work as hoped rises to the level of negligence. The key question is whether the provider’s actions fell below the accepted standard, and whether that failure caused your harm.

Finally, you must have suffered actual damages, such as additional medical expenses, lost income, physical pain, emotional distress, or diminished quality of life. If all four elements can be established, you may have a valid medical malpractice claim in Washington.

It is important to note that Washington requires a certificate of merit in most medical malpractice cases. Under RCW 7.70.150, the plaintiff must provide a written opinion from a qualified medical expert stating that there is a reasonable basis for the claim before or shortly after filing the lawsuit.

Washington’s Deadline for Filing Medical Malpractice Claims

In Washington State, the statute of limitations for filing a medical malpractice claim is three years from when the medical error occurred, causing injury or illness. However, if the injury or its cause was not immediately apparent, individuals have one year from the date the injury was discovered or reasonably should have been discovered, to file a claim. This ensures that patients have a fair opportunity to seek justice even if the effects of the malpractice are not immediately evident.

Suffering new or worsening injuries after visiting the doctor is one of the last things you’d expect. However, a 2016 study found that medical errors are the third leading cause of death in the United States. Medical providers have a duty to provide a certain level of care to their patients.

Under Washington’s medical malpractice statute, a medical professional may be held liable if their failure to meet this standard results in a patient’s injury. 

The patient must prove that the physician acted negligently in rendering care and that negligence resulted in injury by establishing four legal elements:

• The medical professional owed a duty to the patient,
• They breached that duty, 
• The injury stemmed from the breach, and
• The patient suffered damages because of the breach. 

However, a critical first inquiry to these cases is whether the case falls within the statute of limitations and statute of repose. 

Washington State Medical Malpractice Statute of Limitations

The statute of limitations refers to the time a person has to file a lawsuit. Those that miss the deadline may not be able to recover any damages for their injuries. Revised Code of Washington (RCW) section 4.16.350 sets the time limit to file a medical malpractice lawsuit. Under the statute, victims must file their case by the later of one of two dates: 

• Three years after the medical negligence that caused the victim’s injury or
• One year after the victim discovered or should have discovered the error that caused their injury.

Exceptions apply if the injury victim was a minor at the time of the incident. In that case, the discovery date is determined by when the parent or guardian discovered the malpractice in these cases. 

The Washington State Medical Malpractice Statute of Repose

Washington state also maintains a statute of repose. Like the statute of limitations, the statute of repose bars certain legal claims if the claimant does not assert the complaint within a specific deadline. While the statute of limitations focuses on the timeliness of action, the statute of repose focuses on immunizing the at-fault party from long-term liability. 

Washington state’s statute of repose is eight years after the date of the medical malpractice. This applies regardless of when the victim discovered or should have discovered the injury. 

Tolling the Medical Malpractice Statute of Limitations

Under certain circumstances, the time will stop running on the “clock” of the statute of limitations. In other words, the running of the limitation period is paused by specific events or circumstances. The exceptions apply in cases of fraud or intentional concealment or if the plaintiff is incompetent or cannot understand the nature of the proceedings. Further, good faith requests for mediation may toll the statute of limitations for one year. 

When to Sue for Medical Malpractice

Injury victims should consider suing if they suffered injuries because their healthcare provider breached their standard of care or failed to perform. Many types of negligence may cause harm to a patient. Moreover, the term “healthcare provider” extends to various types of clinicians. 

Under RCW 7.70.020, occupations that qualify as a healthcare provider include:

• Physicians,
• Osteopathic physicians,
• Dentists,
• Nurses,
• Chiropractors,
• Acupuncturists,
• Physical therapists, or
• Psychologists.

Further, hospital systems or facilities that employ the negligent healthcare provider may be liable for negligence. 

What Qualifies as Medical Malpractice

Medical malpractice generally falls under one of several different categories. These categories include the following. 

Misdiagnosis

Misdiagnosis refers to situations where a physician fails to recognize clinical signs and symptoms, order medical testing, or refer the patient to a specialist. 

Failure to Treat

Failure to treat violates the standard of care that healthcare professionals accept when treating a patient. This type of negligence may include releasing a patient too soon, failing to provide follow-up care, or ignoring a patient’s medical history. 

Lack of Sanitation 

Poor hygiene and sanitation practices can lead to serious and potentially deadly infections. Lack of sanitation can occur if medical staff fails to wash their hands, incorrectly disposes of hazardous materials, or fails to sanitize equipment. 

Additionally, surgical errors, medication errors, failure to diagnose, delayed diagnosis, and birth injuries are common forms of medical malpractice. 

These errors can lead to injuries that range in severity and longevity. While some patients may recover after medical malpractice, others may suffer the consequences for the rest of their life. 

Medical Malpractice Based on a Lack of Informed Consent 

In addition to the common forms of medical malpractice, informed consent is a necessary prerequisite to most medical care. Except in extreme cases, Washington State requires healthcare providers to inform and obtain patients’ consent before providing medical care. 

Generally, informed consent consists of providing patients with certain information such as:

• Qualifications of the treating healthcare provider,
• Purpose of the treatment, procedure, or medication,
• Potential risks and complications of the treatment,
• Alternatives to the treatment,
• Chance of the treatment’s failure or success,
• Length of recovery, and
• Estimated cost and insurance coverage of the procedure.

Informed consent is critical to ensuring that patients understand their options and risks. With this information, they can make the best decision for their unique circumstances. The failure to provide informed consent can lead to unwise and unsafe choices. 

Were You the Victim of Medical Malpractice in Washington State?

If you or a loved one recently experienced new or worsening injuries after seeking medical treatment, you may have a medical malpractice lawsuit. However, it is imperative that you do not delay in reaching out to an attorney to discuss your claim. At Brett McCandlis Brown & Conner PLLC, we have been helping patients and their families recover financial compensation from negligent medical providers since 1972. Over this time, we’ve recovered more than $100 million on behalf of more than 3,000 clients. To learn more and to schedule a free consultation with a Washington State medical malpractice legal practitioner, fill out our online contact form, and one of our lawyers will be in touch with you shortly. We handle all medical malpractice claims on a contingency basis, meaning we won’t bill you for our services unless we can recover compensation on your behalf. 

Frequently Asked Questions About Medical Malpractice Statute of Limitations

Can I sue for medical malpractice in Washington State?

Yes. If a healthcare provider’s negligence caused you injury, you can file a medical malpractice lawsuit in Washington. You must prove that the provider owed you a duty of care, breached the standard of care, that the breach caused your injury, and that you suffered actual damages. Washington also requires a certificate of merit from a qualified medical expert in most cases. The lawsuit must be filed within three years of the negligent act or one year from when you discovered or reasonably should have discovered the injury.

What is the statute of limitations for medical malpractice in Washington?

Washington’s statute of limitations for medical malpractice is three years from the date the malpractice occurred or one year from the date the injury was discovered or reasonably should have been discovered, whichever is later. This is governed by RCW 4.16.350. Washington also has an eight-year statute of repose, which creates a hard outer deadline. After eight years from the date of the malpractice, no claim can be filed regardless of when the injury was discovered, with limited exceptions for fraud, concealment, or cases involving minors.

Can you sue a doctor after 10 years?

In most cases, no. Washington’s eight-year statute of repose generally prevents medical malpractice claims from being filed more than eight years after the negligent act. The only exceptions are cases involving fraud or intentional concealment by the healthcare provider, cases where the victim was a minor at the time of the malpractice, or cases involving a plaintiff who was legally incompetent. If you believe an exception may apply to your situation, consult a medical malpractice attorney immediately, as the analysis is fact-specific and complex.

How long do you have to sue for misdiagnosis?

The statute of limitations for misdiagnosis in Washington is the same as for other medical malpractice claims: three years from the date of the misdiagnosis or one year from when you discovered or reasonably should have discovered the error. Misdiagnosis cases frequently involve the discovery rule because patients often do not learn about the misdiagnosis until a new provider identifies the correct condition. The eight-year statute of repose still applies as the absolute outer deadline.

Is there a statute of limitations on medical malpractice?

Yes. Every state has a statute of limitations for medical malpractice claims. In Washington, the deadline is three years from the date of the negligent act or one year from the date the injury was discovered or should have been discovered. Most states have similar frameworks, though the specific time periods vary. Some states allow as little as one year; others allow up to six years. Nearly all states also have a statute of repose that sets an absolute outer limit. In Washington, the statute of repose is eight years.

Can I claim medical negligence after 5 years?

It depends on the specific facts of your case. If the malpractice occurred five years ago and you have known about the injury for more than one year, the statute of limitations has likely expired. However, if you only recently discovered the injury, you may still have one year from the date of discovery to file a claim, provided you are within the eight-year statute of repose. For malpractice that occurred five years ago, you would still be within the repose period. Consulting an attorney as soon as possible is important because delay can eliminate your remaining options.

What is the statute of repose for medical malpractice in Washington?

Washington’s statute of repose for medical malpractice is eight years from the date the negligent act occurred. Unlike the statute of limitations, which can be extended by the discovery rule, the statute of repose creates a hard deadline that cannot be extended in most circumstances. Exceptions exist for cases involving fraud or intentional concealment, minors, and plaintiffs who are legally incompetent. The statute of repose exists to provide healthcare providers with certainty that they will not face claims indefinitely for past treatment.

What damages can you recover in a Washington medical malpractice case?

If your medical malpractice claim is successful, you may recover compensation for past and future medical expenses related to the negligent care, lost wages and lost earning capacity, physical pain and suffering, emotional distress, loss of enjoyment of life, and in cases involving a death, wrongful death damages for surviving family members. Washington does not currently cap non-economic damages in medical malpractice cases. The amount you can recover depends on the severity of your injuries, the impact on your daily life, and the strength of the evidence linking the provider’s negligence to your harm.

Do I need an expert witness for a medical malpractice case in Washington?

In nearly all medical malpractice cases in Washington, yes. Under RCW 7.70.150, the plaintiff must obtain a certificate of merit from a qualified medical expert stating that there is a reasonable basis for the claim. Additionally, proving that a healthcare provider breached the standard of care almost always requires testimony from a medical professional in the same or a similar specialty. The expert must explain what a competent provider would have done under the same circumstances and how the defendant’s care fell short. Without expert testimony, most medical malpractice claims cannot survive.