Any patient, with a medical negligence claim arising from medical malpractice in the state of Washington, will face filing a viable claims case not only in conjunction with general medical malpractice laws applied in most states, but also, a patient will need to understand the applicable Washington state-specific requirements as well. Generally, in any medical negligence claims case, a patient must establish several critical legal elements as part of any viable claim, including duty of care owed, breach of duty of care, proximate cause of damages, and damages. Even with these elements proven, a patient intending to file suit in the state of Washington still must account for the requirements of medical malpractice claims specific to the state of Washington, which will vary from all other states. For most patients, the nature of medical malpractice claims, often involving requirements for expert knowledge in the medical field and the legal field, will require consulting with a lawyer who practices medical negligence cases.
Requirements for Filing Medical Negligence Claims in the State of Washington
The following list outlines some of the most notable state-specific differences in medical negligence claims laws applicable to state of Washington, including:
- Statute of Limitations Period in Washington: The statute of limitations period applicable to medical negligence claims in Washington requires legal action commence no later than three (3) years after the date of the act of negligence or no later than one (1) year following discovery of harm and negligence, or whichever date is latest. The statutes of limitations are tolled in cases involving intentional disinformation, cover-up, or omission by a healthcare professional, as well as in cases involving minors, mentally incapable individuals, and prisoners.
- Washington adheres to a pure comparative form of negligence, which states that a patient’s own negligence can diminish recovery proportional to his or her own fault, but in no case will it prevent recovery entirely.
- The state of Washington has found that statutory damage caps on recovery of non-economic damages are unconstitutional, and as such, the state has no applicable statutory caps on damage recovery.
- Medical expert witness is not required to file or prove claims; however from a practical standpoint, only in cases involving gross negligence (such as foreign body cases) will claims proceed smoothly without support from medical expert testimony. From a statutory standpoint in the state of Washington, it is not required.
Getting Legal Help with Filing Medical Negligence Claims in Washington
As a patient harmed by medical negligence, recovering damages is an involved and complex process. The aforementioned state-specific requirements applicable to filing claims only touch the most notable elements, and in turn, an individual case may involve many other legal requirements. Furthermore, the requirements for filing a viable medical negligence claim are subject to change as well. For patients, the only definitive solution is to consult with a medical malpractice lawyer.
