Health & Medical in Washington
Key Washington Law
Washington Revised Code Section 4.16.350
Washington requires medical malpractice claims to be filed within three years of the act or omission, or one year from discovery, whichever is later, under RCW § 4.16.350, with an eight-year absolute repose period.
View official statuteProcedural Details in Washington
Washington Agencies & Resources
Washington Medical Commission
Licenses and disciplines MD physicians in Washington State; investigates complaints about professional conduct.
Washington State Department of Health
Oversees hospital licensing, patient rights, and health facility inspections in Washington.
Washington Office of the Insurance Commissioner
Regulates health insurance and handles consumer complaints in Washington.
Frequently Asked Questions
What is the statute of limitations for medical malpractice in Washington State?
RCW § 4.16.350 provides three years from the act or one year from discovery (whichever is later), with an eight-year absolute repose period. Washington has no pre-filing certificate of merit requirement, though expert testimony is required at trial.
Does Washington State cap non-economic damages in malpractice?
No. Washington courts struck down a cap on non-economic malpractice damages as unconstitutional in 1989. Washington juries may award any amount of non-economic damages (pain, suffering, disability) they find appropriate. Economic damages are also uncapped.
Does Washington require a certificate of merit before filing malpractice?
Washington does not require a formal certificate of merit or pre-suit notice before filing a medical malpractice lawsuit. Expert testimony from a physician in the same specialty is required at trial, but there is no pre-filing affidavit requirement.
How do I file a complaint against a doctor in Washington State?
Complaints against MD physicians may be filed with the Washington Medical Commission at wmc.wa.gov. DO physicians are regulated by the Washington Board of Osteopathic Medicine. Both boards can impose conditions, suspend, or revoke licensure. Board proceedings are separate from civil litigation.
Related Health & Medical Scenarios
Can I sue over incorrect or excessive medical bills?
Legal options when you receive incorrect, inflated, or surprise medical bills that violate billing regulations or the No Surprises Act.
Can I sue for wrongful death caused by medical negligence?
Legal options when a family member dies due to medical negligence, surgical errors, or hospital failures.
Can I sue for a medication or prescription error?
Legal options when pharmacy errors, wrong dosages, dangerous drug interactions, or failure to warn causes patient harm.
Can I sue for delayed cancer diagnosis?
Legal options when a physician's failure to timely diagnose cancer results in disease progression and reduced treatment options.
Have a Specific Situation in Washington?
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