What Is the Statute of Limitations for Medical Malpractice in Washington?
In Washington, the statute of limitations for medical malpractice is generally 3 years under RCW 4.16.350.
Medical malpractice Deadlines in Washington
How long do you have to file a medical malpractice claim in Washington?
In Washington, the statute of limitations for medical malpractice is generally 3 years under RCW 4.16.350. The full rule is: 3 Years (8-yr repose).
When does the clock start for medical malpractice in Washington?
Three years from the act or omission, or one year from when the claimant discovered or reasonably should have discovered the injury was caused by it — whichever is later.
Can the Washington deadline for medical malpractice be extended?
An eight-year statute of repose runs from the act or omission, subject to exceptions for fraud, intentional concealment, and a foreign body with no therapeutic purpose. A good-faith request for mediation tolls the period. A 90-day presuit notice may apply.
Is the deadline different if the claim is against the government in Washington?
Often, yes. Tort claim form plus a 60-day waiting period under RCW 4.96.020, 4.92.100. Washington does not use a short notice deadline of the New York or New Jersey kind. Instead a standard tort claim form must be filed with the local government entity under RCW 4.96.020 (or with the Office of Risk Management for state claims under RCW 4.92.100)…
How does Washington compare to other states for medical malpractice?
Washington's 3 years is in the middle of the range nationally. Across the 51 jurisdictions with a verified figure, the deadline for medical malpractice ranges from 1 year to 4 years, and 2 years is the most common. Compare all states →
What Does Medical Malpractice Cover?
Situations that typically fall under the medical malpractice deadline in Washington:
