Link to State Law: Revised Code of Washington
The following information is meant to be a guide. It is believed to be accurate at the time of authorship but may not reflect the most current data due to changes in the law. If you require legal assistance or guidance with regard to Washington state law, contact an experienced attorney.
Statute of Limitations: Washington law states that medical malpractice actions must be filed within three years of the date of the act or omission giving rise to the injury, or within one year of the date the injury was or reasonably should have been discovered, whichever is later. No claims can be filed more than eight years after the date of the negligent act or omission that resulted in an injury to the plaintiff. If the medical malpractice case involves a minor, the statute of limitations begins to run on the minor's eighteenth birthday.
Minimum Qualifications of Expert Witnesses: Washington law does not require expert witnesses to meet any minimum qualifications in order to testify in a medical malpractice case.
Limitations on Monetary Damages: Medical malpractice non-economic damages awarded in a Washington may not exceed an amount determined by a formula that is based on the plaintiff's average annual wage and life expectancy.
Limitations on Attorney Fees: Attorney fees in a Washington medical malpractice suit are subject to review by the court for reasonableness.