Every state, including Washington, has deadlines—or statute of limitations—for filing medical malpractice lawsuits. The statute of limitations in Washington is 3 years. If the injury is discovered outside the three-year statute of limitations, a claimant has one year from the discovery of the injury to bring suit. As for minors Washington, parents or guardians can either file suit on their child’s behalf or the child can file suit within one year of their 18th birthday.
Washington requires mandatory mediation. Any claim involving health care must go through mediation as dictated by the rules of the Washington Supreme Court. Mediation tolls (delays) the statute of limitations for one year, but does not affect the right to a trial by jury.
Costs, Requirements, and Limitations
• Industry Average Cost of a Washington Medical Malpractice Insurance Policy: $8,336
• Is Medical Malpractice Insurance Required in Washington? No, but protecting assets is recommended.
• Minimum Carrying Requirements in Washington: None, but as mentioned it is highly recommended.
• What are the medical malpractice damage caps in Washington? None, which means plaintiffs can pursue larger totals of compensation than in other states.
• What is the “statute of limitations” for a medical malpractice complaint? 3 years, Rev. Code of Washington section 4.16.350