Medical Malpractice in Washington State

Washington State Medical Malpractice: Overview

Washington combines no statutory damage cap with relatively plaintiff-friendly procedural rules — including no formal affidavit of merit requirement at filing — and recognition of the loss of chance doctrine. The framework is governed by the Washington Medical Malpractice Act (RCW 7.70).

Washington Statute of Limitations

RCW 4.16.350 sets a limitations period of 3 years from the act or omission or 1 year from actual or constructive discovery — whichever period expires later. The period is tolled for minors until age 18.

No Damage Cap in Washington

Washington State has no statutory cap on compensatory damages in medical malpractice. Washington voters have repeatedly rejected ballot initiatives proposing damage caps.

Pre-Suit Requirements in Washington

Washington does not require an affidavit of merit or certificate of merit at the time of filing. Pre-suit expert review is standard practice but not statutorily required. There is no mandatory pre-suit notice period (unlike Michigan, Florida, and Texas).

Expert Requirements in Washington

Washington applies the Frye standard for expert admissibility. The standard-of-care expert must be qualified by knowledge, skill, experience, training, or education in the relevant area of practice.

Washington Court System for Malpractice

Washington malpractice cases are filed in the Superior Court — the state's trial court of general jurisdiction — in the county where the malpractice occurred or where a defendant resides. Appeals go to the Washington Court of Appeals and the Washington Supreme Court.

Common Defendants in Washington Malpractice

Major defendants include Providence Health & Services, UW Medicine (University of Washington), MultiCare Health System, Virginia Mason Franciscan Health, and EvergreenHealth.

Notable Washington Malpractice Law

Washington recognizes the loss of chance doctrine — Herskovits v. Group Health Cooperative, 99 Wn.2d 609 (1983) — allowing recovery where the defendant's negligence reduced the plaintiff's chance of a better outcome, even where causation of the ultimate injury cannot be proved by a preponderance of the evidence.

Washington applies modified joint and several liability under RCW 4.22.070 — defendants are jointly and severally liable for economic damages but only severally liable for non-economic damages in proportion to fault.

Finding a Medical Malpractice Attorney in Washington

The Washington State Bar Association Lawyer Referral Service and the Washington State Association for Justice are useful starting points for identifying experienced malpractice counsel.