Washington Medical Malpractice Law
The state of Washington established specific laws governing how medical malpractice cases are pursued. The Washington medical malpractice laws cover everything from the steps necessary to prepare to file a case to the actual filing of a medical malpractice lawsuit to pursuing the case in a court in the state.
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Time Frame
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A key component of Washington medical malpractice law is what legally is called the statute of limitations. The statute of limitations is the time frame allowed by Washington law to file a medical malpractice lawsuit. The failure to meet the deadline precludes you from suing a health care provider for malpractice. Under Washington law, a medical malpractice case must be filed within three years of the alleged act or omission that resulted in the injury. If the injury is not immediately known, the case must be filed within one year of discovery or three years from the actual act or omission, whichever is longer.
Expert Insight
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Washington medical malpractice law requires the use of an expert to support a claim being made in a medical malpractice lawsuit. The expert must testify that the act or omission represented a deviation from the reasonable standard of medical care and treatment.
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Damage Caps
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The Supreme Court of Washington ruled any caps on damage awards unconstitutional. The Supreme Court reasoned that caps violated a person's right to a jury trial because a jury determines compensation in medical malpractice lawsuits. Therefore, a person theoretically is able to obtain a medical malpractice judgment in any amount.
Malpractice Insurance
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Although hospitals must maintain liability insurance to cover claims of malpractice, physicians licensed by the state of Washington do not. Maintaining malpractice insurance is at the discretion of a doctor.
Mediation
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Mediation of medical malpractice claims is required before a claimant files a lawsuit. The statute of limitations is tolled (stops running) during the period of mediation for up to one year. Mediation is not a binding procedure on a claimant and she can file suit if dissatisfied with the results of the process.
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