Misdiagnosis 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 Misdiagnosis
Misdiagnosis occurs when a healthcare provider incorrectly identifies a patient's condition, leading to inappropriate treatment or no treatment at all. This is one of the most common forms of medical malpractice and can result in disease progression, unnecessary procedures, or harmful medications. Cancer misdiagnosis is particularly devastating, as delayed treatment can mean the difference between a curable and terminal prognosis.
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 Misdiagnosis
- •Diagnosing a malignant tumor as benign
- •Misidentifying a heart attack as acid reflux or anxiety
- •Confusing symptoms of stroke with migraine or vertigo
- •Incorrectly diagnosing an infection, leading to wrong antibiotic treatment
- •Failing to identify cancer on imaging studies such as mammograms or CT scans
- •Misdiagnosing autoimmune conditions as psychological disorders
Key Facts
- ✓Studies indicate that diagnostic errors affect approximately 12 million adults in the United States each year in outpatient settings
- ✓To prove misdiagnosis, the plaintiff must show that a competent physician in the same specialty would have correctly identified the condition under the same circumstances
- ✓Medical records documenting the patient's reported symptoms, test results, and the physician's reasoning are essential to building a misdiagnosis case
- ✓Misdiagnosis claims often require demonstrating that the correct diagnosis was on the physician's differential diagnosis list but was improperly ruled out
- ✓The damages in misdiagnosis cases are measured by the difference in outcome between what occurred and what would have happened with a timely, correct diagnosis
- ✓Radiology and pathology misreads are among the most clear-cut misdiagnosis cases because the evidence is preserved in images and slides
- ✓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 Misdiagnosi in Washington?
Get a free case evaluation. Most medical malpractice attorneys work on contingency.
Calculate Your Settlement →Misdiagnosis in Other States
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.