Can You Sue a Deceased Doctor for Medical Malpractice in Washington?
When someone you trusted to care for your health makes a mistake that causes serious harm, you deserve justice. But what if the doctor who harmed you has died? Does your claim disappear with them?
This question comes up more often than you’d think especially in Washington, where malpractice claims can take months or even years to surface.
The short answer: yes, you can often sue a deceased doctor’s estate or their employer. But it’s not simple. There are strict timelines, estate-law rules, and liability nuances you’ll want to understand before moving forward.
Let’s unpack exactly how this works and how a skilled medical negligence attorney in Seattle can help you pursue justice, even after a provider’s death.
Why This Question Matters
If a doctor’s negligence caused injury or death, the right to pursue a claim belongs to the patient (or their family), not the doctor’s lifespan.
Washington law recognizes that accountability shouldn’t end with a person’s death. Their estate (the legal entity representing their assets) can still be held liable for debts, judgments, and civil claims that arose while they were alive.
That includes medical malpractice and, in some cases, wrongful death.
But to bring a claim successfully, you must understand three things:
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Who you’re actually suing (the estate, the employer, or both)
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What deadlines apply under Washington statutes
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How to prove negligence when the doctor can’t testify
When a Doctor’s Death Complicates a Malpractice Case
There are two main scenarios where this issue arises:
Scenario 1: The Doctor Dies Before You File a Lawsuit
Maybe your surgery happened years ago, and you’ve only recently discovered the mistake but by then, your doctor has passed away.
In that case, you can typically still file a claim, but it must be brought against the doctor’s estate (the legal entity that handles their assets, insurance, and liabilities).
Scenario 2: The Doctor Dies After You’ve Filed a Claim
If you’ve already filed a malpractice lawsuit and the doctor dies before trial, the case usually continues. The court substitutes the estate’s personal representative in the doctor’s place.
Either way, Washington law allows the legal process to move forward. But the procedure and the evidence you’ll need can differ.
Washington Law on Suing a Deceased Doctor
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In Washington, lawsuits involving deceased individuals are governed by RCW 4.20.046 and RCW 11.40.
These statutes make it clear:
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A personal injury or malpractice claim does not die with the defendant.
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The claim can continue against their estate as long as certain rules are followed.
The law treats the estate almost like the living person in court. It can be represented, served, and even ordered to pay damages typically through insurance coverage or estate assets.
This is important because doctors carry medical malpractice insurance, which often continues to provide coverage after their death through “tail” or “extended reporting” provisions.
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How It Works: Suing a Deceased Doctor’s Estate
If your doctor has died, your attorney will:
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Identify whether an estate has been opened.
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Estates are public record in the county where the doctor lived.
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File a “creditor’s claim” or lawsuit against the estate under RCW 11.40.
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Serve the personal representative (the executor or administrator).
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Proceed with the malpractice action much like any other claim, often through the estate’s insurer.
The biggest difference? Timing.
Critical Deadlines You Can’t Miss
Washington’s statute of limitations for medical malpractice is generally:
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Three years from the date of the negligent act, or
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One year from when you discovered (or should have discovered) the injury — whichever is later.
But when the doctor has died, a special estate deadline applies:
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You typically have four months from when you receive notice that an estate has been opened to file your claim, or
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Two years from the doctor’s death if no notice was given.
If you miss these windows, your claim could be permanently barred, even if the malpractice is clear.
That’s why it’s essential to work with a medical negligence attorney who knows how to navigate both malpractice and probate law.
When the Doctor Worked for a Hospital or Clinic
In many malpractice cases, suing the individual doctor’s estate isn’t your only option. You can also pursue claims against:
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Hospitals, clinics, or health systems that employed the doctor.
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Supervising physicians or partners who shared liability.
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Other healthcare providers involved in the treatment.
Under respondeat superior, an employer is responsible for the negligence of its employees acting within the scope of employment.
So, even if your doctor is deceased, the hospital or clinic may still be liable for the harm caused.
This often leads to a more straightforward path to recovery since hospitals carry large liability policies and structured claims departments.
How to Prove Negligence When the Doctor Is Deceased
Here’s where strategy matters most. Without the doctor available for questioning, you must rely on strong documentary and expert evidence.
That includes:
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Medical records — showing treatment errors, omissions, or lack of consent.
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Hospital logs and emails — revealing supervision or policy failures.
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Expert testimony — from independent physicians explaining what went wrong.
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Witness statements — from nurses, other doctors, or family members.
Your attorney will likely work with expert witnesses to establish that:
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The deceased doctor owed you a duty of care.
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They breached that duty by acting negligently.
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That negligence directly caused your injury or a loved one’s death.
Even though the doctor can’t defend themselves, the estate’s insurer will, so expect pushback. Detailed preparation is key.
What If You Lost a Loved One to a Doctor’s Negligence?
If a patient dies due to medical negligence, their family may file a wrongful death claim.
And yes, that can include cases where the negligent doctor later dies.
The family’s claim is brought against:
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The doctor’s estate, and/or
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The hospital, clinic, or medical group responsible for their care.
Learn more about the process in our article on Wrongful Death Lawsuits in Seattle: Who Can File and What to Expect.
Wrongful death suits allow families to seek compensation for:
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Funeral expenses
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Medical bills
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Lost financial support
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Pain and suffering
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Loss of companionship and guidance
Can You Still Sue If the Doctor Died Before the Malpractice Happened?
This question sometimes arises in long-term treatment cases; for example, when a deceased doctor’s earlier misdiagnosis is discovered years later.
Yes, you can still file a claim if:
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The negligent act occurred while the doctor was alive, and
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The statute of limitations hasn’t expired, considering discovery rules.
Again, your claim would target the doctor’s estate or former employer, not the individual personally.
How Insurance Works When the Doctor Is Deceased
Most doctors carry medical malpractice insurance that includes “tail coverage.”
Tail coverage protects patients by extending the doctor’s policy even after they retire, change jobs, or die for claims arising from acts that occurred while they were covered.
This means the estate itself rarely pays damages out of pocket. The insurer typically handles defense and settlement, ensuring victims can still be compensated.
What Happens If No Estate Was Opened?
If no estate has been opened, your attorney can petition the court to appoint a personal representative solely for the purpose of litigation.
This ensures you have a legal entity to serve and pursue the claim against.
Because this process can take time, it’s crucial to act quickly once you learn the doctor has died. Every day counts toward preserving your rights.
What Happens If No Estate Was Opened?
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Lack of records: Smaller clinics may destroy or misplace records after a doctor’s death.
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Insurer denial: Carriers may argue the claim expired with the physician.
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Complex jurisdiction: If the doctor practiced across state lines.
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Emotional toll: It’s understandably uncomfortable to sue someone who has passed away.
That’s why having experienced representation matters in order to keep the process respectful, strategic, and focused on accountability rather than blame.
People Also Ask
Can you sue a doctor’s estate in Washington for malpractice?
Yes. Washington law allows patients to file malpractice claims against a deceased doctor’s estate within the statute of limitations and estate filing deadlines.
What happens if my doctor dies before I file a lawsuit?
Your lawyer can file a claim against the estate or employer. You’ll need to act quickly once the estate opens to meet probate deadlines.
What if my doctor dies after I’ve already filed a malpractice claim?
The lawsuit continues and the court substitutes the estate’s personal representative in place of the doctor.
Do I still have a claim if I only discovered the mistake after the doctor died?
Usually yes. The discovery rule allows claims within one year of finding the malpractice, as long as it’s within three years of the act.
Can I sue the hospital if the doctor has died?
Absolutely. If the doctor was employed by or had privileges at a hospital or clinic, you may bring claims against the facility for negligent supervision or policies.
Does malpractice insurance cover claims after a doctor dies?
Most policies include “tail coverage,” which extends protection beyond death for claims arising from prior care.
Who gets served if the doctor is deceased?
The estate’s personal representative or executor typically through the attorney managing the probate.
How long do I have to sue a deceased doctor’s estate?
Usually within four months of being notified of estate proceedings or within two years of the doctor’s death if no notice was given.
What damages can I recover?
Medical bills, lost wages, pain and suffering. In fatal cases, you can also recover wrongful death damages for surviving family members.
How can I find out if a deceased doctor had an estate opened?
Your attorney can check probate filings in the county where the doctor lived or worked.
How Campiche Andrews Helps Clients in These Cases
Our firm has decades of experience representing Washington families in complex medical negligence and wrongful death cases.
Here’s what we do differently:
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Deep investigation: We identify the right defendants — even if the provider is deceased or the employer has restructured.
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Expert collaboration: We work with leading medical specialists to prove causation and breach of duty.
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Respectful advocacy: We pursue justice without turning tragedy into conflict.
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Proven results: Millions recovered for patients and families harmed by negligent medical care.
If you’re unsure whether your claim is still valid, our team can review your case confidentially, often within 24 hours.
Next step: Book a Free Case Review or reach us through the Contact page. For more background, see our Seattle Medical Malpractice Lawyer page.
