Washington · Medical malpractice claims: harm and next steps

Medical malpractice claims: harm and next steps in Washington

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Filing deadline3 years from the act or 1 year from discovery, whichever is later; 8-year reposeRCW § 4.16.350

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

01 · Your filing deadline

What is the deadline in Washington?

RCW § 4.16.350: 3 years from the act or omission, or 1 year from when the injury and its cause were or should have been discovered, whichever is later; 8-year repose. No non-economic cap. Pre-suit mediation offered but not mandated in all counties. A lawyer can confirm yours.

3 years from the act or 1 year from discovery, whichever is later; 8-year repose

Minors: a custodial parent's or guardian's knowledge is imputed to the minor (RCW 4.16.350).

Source: RCW § 4.16.350

Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

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A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

Washington's medical malpractice period is 3 years from the act or omission, or 1 year from when the injury and its cause were or should have been discovered, whichever is later, with an 8-year repose (RCW 4.16.350). Washington has no cap on non-economic malpractice damages — the Washington Supreme Court has consistently struck down damage caps as unconstitutional. Washington requires pre-suit mediation or arbitration in most malpractice cases under the state's tort reform statutes.

King County Superior Court — Civil Division

516 3rd Ave, Seattle, WA 98104

Court website

Medical facilities in Washington

  • Harborview Medical Center (UW Medicine) — Level I Trauma Center

  • Virginia Mason Franciscan Health

How this works nationally

For the overall process and updates, read the Medical malpractice claims: harm and next steps overview. This page covers the local information available for Washington.

What happens when I check?

You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.

Live in Washington? Read what applies in your state.

Register your interest. If a participating law firm takes these cases, it may contact you.

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Sources

  1. RCW § 4.16.350