Surgical Errors in Washington
Average Settlement: $500,000 - $1,500,000 | 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 Surgical Errors
Surgical errors occur when a surgeon or surgical team makes a preventable mistake during an operation, resulting in harm to the patient. These errors range from wrong-site surgery to leaving instruments inside the body, and they can lead to permanent disability, additional surgeries, or death. Surgical malpractice cases often involve clear deviations from accepted medical standards that can be demonstrated through operative reports and expert testimony.
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 Surgical Errors
- •Wrong-site or wrong-patient surgery
- •Surgical instruments or sponges left inside the patient
- •Damage to surrounding organs, nerves, or blood vessels during surgery
- •Performing an unnecessary surgical procedure
- •Inadequate post-operative monitoring leading to complications
- •Failure to obtain proper informed consent before surgery
- •Errors during minimally invasive or robotic surgery due to insufficient training
Key Facts
- ✓Operating room records, including time-stamped logs and surgical checklists, are critical evidence in proving surgical error claims
- ✓Wrong-site surgeries are considered 'never events' — incidents so clearly preventable they should never occur — which strengthens the plaintiff's case considerably
- ✓Expert surgical testimony is almost always required to establish what the accepted standard of care was and how it was breached
- ✓Many surgical error cases involve multiple defendants, including the surgeon, anesthesiologist, surgical nurses, and the hospital itself
- ✓The discovery of retained surgical instruments may not occur until weeks or months after the procedure, but statutes of limitations typically begin at the time of discovery
- ✓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 Surgical 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.