Washington (WA) Medical Malpractice Laws
Everything you need to know about filing a medical malpractice claim in Washington.
Damage Cap
No cap on damages
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
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.
Average Settlement
$225,000 - $525,000
Average Verdict
$400,000 - $1,500,000
Key Facts About Washington Medical Malpractice Law
- 1Washington provides plaintiffs the later of 3 years from the act or 1 year from discovery, giving additional time to file.
- 2A certificate of merit and 90-day pre-suit notice are required before filing a malpractice complaint.
- 3Washington follows a pure comparative negligence system, allowing recovery regardless of the plaintiff's percentage of fault.
- 4Mandatory mediation is required in many counties before the case proceeds to trial.
- 5Punitive damages are generally not available in Washington, except in limited statutory circumstances.
Need Help with a Washington Medical Malpractice Case?
If you believe you have a medical malpractice claim in Washington, it is important to act quickly. The statute of limitations in Washington is 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. Most medical malpractice attorneys offer free initial consultations.