Hospital Infections in Washington
Average Settlement: $250,000 - $700,000 | 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 Hospital Infections
Hospital-acquired infections, also known as nosocomial infections, occur when patients contract infections during the course of receiving treatment in a healthcare facility. These infections are often caused by failures in hygiene protocols, improper sterilization of equipment, or inadequate infection control measures. Hospital infection malpractice cases require demonstrating that the facility deviated from accepted infection prevention standards, directly causing the patient's infection and resulting harm.
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 Hospital Infections
- •Surgical site infections due to non-sterile operating conditions
- •Central line-associated bloodstream infections (CLABSIs) from improper catheter insertion or maintenance
- •Catheter-associated urinary tract infections (CAUTIs) from prolonged or unnecessary catheter use
- •MRSA or C. difficile infections spread through poor hand hygiene or contaminated surfaces
- •Ventilator-associated pneumonia from inadequate respiratory equipment care
- •Post-operative wound infections caused by failure to administer prophylactic antibiotics
Key Facts
- ✓The CDC estimates that approximately 1 in 31 hospital patients has at least one healthcare-associated infection on any given day
- ✓Hospitals are required to follow evidence-based infection prevention bundles, and failure to do so can constitute negligence
- ✓Infection control committee records, staff training logs, and hand hygiene compliance audits are discoverable evidence in these cases
- ✓Proving causation is often the most challenging element, as defendants may argue the infection would have occurred despite proper precautions
- ✓CMS publicly reports hospital infection rates, and facilities with rates significantly above the national baseline face stronger liability exposure
- ✓Some states have enacted specific hospital infection disclosure laws that require facilities to report infection data, which can be used as evidence
- ✓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 Hospital Infection 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.