An individual who suffers an injury due to medical malpractice in Washington has the burden of proof to show that the health care provider's treatment fell below the accepted standard of care. A cause of action must be commenced three years of the act or omission. Notwithstanding the statute of limitation, the action must be commenced no later than eight years after the injury.
4.16.350 - Statute of Limitations/Repose
Any civil action for damages for injury occurring as a result of provided health care against a licensed health personnel or entity based upon alleged professional negligence shall be commenced within three years of the act or omission alleged to have caused the injury or condition, or one year of the time the patient reasonably should have discovered that the injury or condition was caused by said act or omission, whichever period expires later, except that in no event shall an action be commenced more than eight years after said act or omission: PROVIDED, That the time for commencement of an action is tolled upon proof of fraud, intentional concealment, or the presence of a foreign body not intended to have a therapeutic or diagnostic purpose or effect, until the date the patient or the patient's representative has actual knowledge of the act of fraud or concealment, or of the presence of the foreign body; the patient has one year from the date of the actual knowledge in which to commence a civil action for damages.
7.70.030 - Propositions required to be established — Burden of proof.
No award shall be made in any action or arbitration for damages for injury occurring as the result of health care which is provided after June 25, 1976, unless the plaintiff establishes one or more of the following propositions:
(1) That injury resulted from the failure of a health care provider to follow the accepted standard of care;
(2) That a health care provider promised the patient or his representative that the injury suffered would not occur;
(3) That injury resulted from health care to which the patient or his representative did not consent.
Unless otherwise provided in this chapter, the plaintiff shall have the burden of proving each fact essential to an award by a preponderance of the evidence.
7.70.040 - Necessary elements of proof that injury resulted from failure to follow accepted standard of care.
The following shall be necessary elements of proof that injury resulted from the failure of the health care provider to follow the accepted standard of care:
(1) The health care provider failed to exercise that degree of care, skill, and learning expected of a reasonably prudent health care provider at that time in the profession or class to which he belongs, in the state of Washington, acting in the same or similar circumstances;
(2) Such failure was a proximate cause of the injury complained of.
RCW 7.70.080 - Evidence of compensation from other source.
Any party may present evidence to the trier of fact that the plaintiff has already been compensated for the injury complained of from any source except the assets of the plaintiff. In the event such evidence is admitted, the plaintiff may present evidence of an obligation to repay such compensation and evidence of any amount paid by the plaintiff to secure the right to the compensation.
Talk to a Medical Malpractice Attorney
If you were injured by medical malpractice in Washington, you may have a cause of action if you can prove by the preponderance of the evidence that the injury resulted from the health care provider's negligence. Any damages may be diminished by evidence of pre-trial compensation from other sources. Talk with an experienced attorney to discuss your case.
