WA Medical Malpractice Statute of Limitations Explained
When medical negligence causes serious injury, patients and families often ask: How much time do I have to file a medical malpractice lawsuit in Washington?
The answer is critical. If you miss the filing deadline, your case may be barred forever, no matter how strong your claim is. This deadline is called the statute of limitations and in Washington medical malpractice cases, it’s complicated.
This guide explains the statute of limitations, exceptions that may apply, and why it’s vital to contact an experienced Seattle Medical Malpractice Attorney as soon as possible.
What Is the Statute of Limitations in Washington Medical Malpractice Cases?
Under RCW 4.16.350, most medical malpractice lawsuits in Washington must be filed:
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Within three years of the act or omission causing injury, or
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Within one year of the time the patient discovered (or reasonably should have discovered) that malpractice occurred.
This is known as the “discovery rule.”
For example:
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If a surgical error happened on January 1, 2022, you generally have until January 1, 2025 to file.
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If the mistake wasn’t discovered until January 1, 2023, you may have until January 1, 2024 under the one year discovery rule.
The Statute of Repose: Absolute Time Limit
Washington law also sets an absolute outer limit called a statute of repose.
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No case may be filed more than eight years after the negligent act, even if the injury wasn’t discovered until later.
This means that if a patient only learns about a misdiagnosis after 10 years, their claim is barred, regardless of circumstances.
Exceptions to the Rule
Fraud and Concealment
If a healthcare provider fraudulently concealed negligence, the statute may be tolled (paused).
Injured Minors
For patients under 18, the statute of limitations does not begin to run until they turn 18. This means a child injured at age 5 may have until age 21 to file a malpractice claim.
Mental Incompetency
If a patient is legally incompetent, the deadline may be tolled until competency is regained or a guardian is appointed.
Why Acting Quickly Matters
Even though the law may give you up to three years (or longer in rare exceptions), waiting is risky. Evidence disappears, witnesses move or forget, and medical records may be altered or destroyed over time.
Hospitals and insurers often fight hard to dismiss cases on statute of limitations grounds. Filing early helps ensure you don’t lose your right to justice.
How to Know if the Deadline Has Passed
Because the statute of limitations can involve complicated factors (date of injury, date of discovery, exceptions, and tolling), it’s best to have a lawyer evaluate your specific case.
An experienced Seattle Medical Malpractice Attorney can:
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Analyze your medical records and timeline
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Determine the exact filing deadline
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File preservation notices for evidence
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Take swift legal action to protect your rights
Washington Medical Malpractice Deadlines
How long do I have to sue for medical malpractice in Washington?
Most patients have three years from the negligence or one year from when it was discovered, whichever is later.
What if I didn’t know about the malpractice right away?
The “discovery rule” may extend your time by one year after discovery.
Is there a maximum deadline?
Yes. Washington’s statute of repose bars claims more than eight years after the malpractice occurred.
Can minors bring a malpractice claim later?
Yes. The clock doesn’t start until they turn 18, meaning they usually have until age 21.
What happens if I file late?
Your case may be dismissed, no matter how severe the injury.
The attorneys at Campiche Andrews PLLC fight for injured patients and families across Seattle and Washington State. We’ll review your case, explain the deadlines, and take immediate steps to protect your rights.
Call (206) 281-9000 or Book a Free Case Review today.
