Emergency Room Errors in Washington
Average Settlement: $300,000 - $900,000 | Statute: 3 years from the date of the act or omission, or 1 year from the date the injury was or should have been discovered, whichever is later
About Emergency Room Errors
Emergency room errors occur when emergency department physicians, nurses, or staff make negligent decisions in the fast-paced environment of the ER, leading to patient harm. These errors often involve failure to properly triage patients, premature discharge, or missed diagnoses of life-threatening conditions. ER malpractice cases present unique legal challenges because courts consider the high-pressure, time-sensitive nature of emergency medicine when evaluating the standard of care.
Washington Medical Malpractice Laws
Statute of Limitations
3 years from the date of the act or omission, or 1 year from the date the injury was or should have been discovered, whichever is later
Damage Cap
No cap on damages
Discovery Rule
Washington applies the discovery rule — the 1-year discovery period runs from when the patient discovers or should have discovered the injury, but the claim must be filed within 8 years of the act (statute of repose).
Pre-Filing Requirements
Plaintiffs must file a certificate of merit from a qualified expert and provide 90 days' notice of intent to file a claim.
Common Examples of Emergency Room Errors
- •Failure to properly triage patients, resulting in delayed treatment of critical conditions
- •Premature discharge of patients with undiagnosed serious conditions such as heart attack or stroke
- •Misreading or failing to order critical diagnostic tests like CT scans or blood work
- •Failure to recognize and treat signs of internal bleeding or traumatic brain injury
- •Inadequate monitoring of patients in the ER waiting area
- •Medication errors due to incomplete patient history in emergency situations
- •Failure to consult specialists when the patient's condition warrants it
Key Facts
- ✓Emergency physicians are generally held to the standard of a reasonably competent ER physician, accounting for the time constraints and limited information available in emergencies
- ✓The Emergency Medical Treatment and Labor Act (EMTALA) requires hospitals to provide medical screening examinations and stabilizing treatment regardless of a patient's ability to pay
- ✓ER overcrowding and understaffing are increasingly cited as contributing factors in emergency room error cases, potentially shifting liability to hospital administration
- ✓Triage records, nursing assessments, and time-stamped entries in the electronic health record are essential evidence for establishing the timeline of care
- ✓Many ER physicians are independent contractors rather than hospital employees, which can affect which parties are liable in a malpractice claim
- ✓Washington provides plaintiffs the later of 3 years from the act or 1 year from discovery, giving additional time to file.
- ✓A certificate of merit and 90-day pre-suit notice are required before filing a malpractice complaint.
- ✓Washington follows a pure comparative negligence system, allowing recovery regardless of the plaintiff's percentage of fault.
- ✓Mandatory mediation is required in many counties before the case proceeds to trial.
- ✓Punitive damages are generally not available in Washington, except in limited statutory circumstances.
Victim of Emergency Room Error in Washington?
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Other Malpractice Types in Washington
This information is for educational purposes only and is not legal advice. Consult a licensed medical malpractice attorney in Washington.