Washington
Medical Malpractice Laws in Washington (2026): Deadlines & Caps
Washington is a notably plaintiff-favorable state for medical malpractice, with no damage cap, no certificate-of-merit requirement, and no enforceable statute of repose. The state legislature passed several of those restrictions, and the Washington Supreme Court struck them down. This page explains the current law for 2026, with each key point traced to the Revised Code of Washington or a Washington Supreme Court decision. It is general legal information, not legal advice.
The Deadline to Sue (Statute of Limitations)
Under RCW 4.16.350, a medical malpractice action must be commenced within three years of the act or omission alleged to have caused the injury, or within one year of the time the patient discovered or reasonably should have discovered that the injury was caused by that act or omission, whichever period expires later. Because the statute uses whichever period is later, a late-discovered injury can extend the filing window beyond the basic three years.
Missing the deadline almost always bars the claim, so the date should be confirmed early with counsel.
Tolling Exceptions
The limitations period in RCW 4.16.350 can be tolled in certain situations, including proof of fraud, intentional concealment, or the presence of a foreign body that has no therapeutic or diagnostic purpose. In those circumstances, the period generally runs from when the patient gains actual knowledge of the relevant facts. These exceptions are fact-specific and should be evaluated with an attorney.
Statute of Repose
RCW 4.16.350 still contains language setting an eight-year outer limit on medical malpractice claims, but that provision is not enforceable. In DeYoung v. Providence Medical Center (1998), the Washington Supreme Court held that the eight-year statute of repose violated the privileges-and-immunities clause of the Washington Constitution. The text remains printed in the code, but courts cannot apply it to cut off a claim at eight years.
Damage Caps
Washington has no cap on damages in medical malpractice cases. The state legislature enacted a cap on non-economic damages as part of a 1986 tort-reform package, but the Washington Supreme Court struck it down in Sofie v. Fibreboard Corp. (1989). The court held that the cap violated the right to trial by jury under Article I, section 21 of the Washington Constitution, because it interfered with the jury's traditional role of determining damages.
As a result, neither economic damages (such as medical bills and lost earnings) nor non-economic damages (such as pain and suffering) are capped in Washington. The jury's award stands subject to ordinary post-trial review.
Certificate of Merit
Washington does not require a certificate or affidavit of merit to file a malpractice suit. The legislature enacted a certificate-of-merit statute (RCW 7.70.150) in 2006, but the Washington Supreme Court struck it down in Putman v. Wenatchee Valley Medical Center (2009). The court found that requiring expert proof before discovery unduly burdened the right of access to the courts and violated separation of powers. The statute was later formally repealed in 2023, so it is dead both as a matter of constitutional law and on the books.
Even though no certificate is filed, expert testimony is still required at trial to prove the standard of care and how it was breached, so a qualified medical expert remains essential to a viable case.
Pre-Suit Notice and Mandatory Mediation
There is no mandatory 90-day pre-suit notice of intent to sue in Washington. The legislature required such notice in former RCW 7.70.100, but the Washington Supreme Court struck down the mandatory notice provision in Waples v. Yi (2010) as a separation-of-powers violation that conflicted with the court rule governing how civil actions are commenced.
What remains in RCW 7.70.100 is a different requirement: health care claims are subject to mandatory mediation before trial. Mediation is a settlement process that happens after a case is filed and is not a pre-suit barrier to bringing the claim.
Standard of Care and Who May Be Liable
Under RCW 7.70.030, a plaintiff can recover by establishing one or more bases: that an injury resulted from the provider's failure to follow the accepted standard of care, that the provider breached a promise that the injury would not occur, or that the injury resulted from health care to which the patient did not consent. Each essential fact must be proven by a preponderance of the evidence.
For a negligence claim, RCW 7.70.040 requires the plaintiff to prove that the provider failed to exercise the degree of care, skill, and learning expected of a reasonably prudent health care provider in the same profession or class at that time, and that the failure was a proximate cause of the injury. Doctors, hospitals, nurses, and other licensed providers can be liable, and expert testimony is generally required to establish the standard of care.
Comparative Negligence
Washington follows pure comparative negligence under RCW 4.22.005. Any contributory fault chargeable to the claimant proportionately reduces the damages awarded but does not bar recovery. So a patient who is partly at fault can still recover the remaining percentage, even if found more than half at fault. This is more forgiving than the modified rules used in states that bar recovery at a 50 percent or 51 percent fault threshold.
Wrongful-Death Medical Malpractice
When malpractice causes death, the decedent's personal representative may bring a wrongful-death action under RCW 4.20.010. The action is for the benefit of the surviving spouse or state-registered domestic partner and children, and if there are none, then the deceased's parents or siblings under RCW 4.20.020. A wrongful-death claim arising from medical negligence is governed by the malpractice limitations period in RCW 4.16.350. Because Washington has no damage cap, wrongful-death recovery is not limited by a statutory ceiling.
How to Evaluate and Preserve a Possible Claim
If you believe medical care caused harm, request complete medical records promptly and write down the timeline of events while details are fresh. Most Washington medical malpractice attorneys offer a free initial consultation and work on a contingency fee, meaning the fee comes from any recovery. No attorney can guarantee an outcome or a dollar amount, and every case depends on its specific facts and the governing deadlines.
Frequently Asked Questions
What is the deadline to sue for medical malpractice in Washington?
Under RCW 4.16.350, you must file within the later of three years from the act or omission, or one year from when you discovered or reasonably should have discovered that the injury was caused by it. Tolling can apply for fraud, intentional concealment, or a retained foreign object. Deadlines are strict, so confirm yours with a Washington-licensed attorney.
Does Washington cap medical malpractice damages?
No. Washington has no cap on damages in medical malpractice cases. The state's non-economic damages cap was struck down as unconstitutional in Sofie v. Fibreboard Corp. (1989) because it violated the right to a jury trial. Both economic and non-economic damages are uncapped, subject to ordinary post-trial review.
Do I need an expert affidavit to file in Washington?
No. Washington does not require a certificate or affidavit of merit. The certificate-of-merit statute was struck down in Putman v. Wenatchee Valley Medical Center (2009) and formally repealed in 2023. However, you still generally need expert testimony at trial to prove the standard of care and how it was breached, so a qualified expert remains essential.
Is there a 90-day notice requirement in Washington?
No. The mandatory 90-day pre-suit notice was struck down in Waples v. Yi (2010). What remains under RCW 7.70.100 is mandatory mediation of health care claims before trial, which is a settlement process that occurs after the case is filed, not a pre-suit barrier to bringing the claim.
How much is a Washington medical malpractice case worth?
There is no standard value, and because Washington has no damage cap, both economic and non-economic damages are uncapped. The value of any case still depends on the specific injuries, evidence, liability, and the patient's share of fault under pure comparative negligence. No attorney can promise an outcome or amount.
What happens if I was partly at fault for my injury?
Washington uses pure comparative negligence under RCW 4.22.005. Your recovery is reduced by your percentage of fault but is never barred, even if you are found more than half at fault. For example, a plaintiff found 60 percent at fault could still recover 40 percent of proven damages.
Can I sue for a family member's death from malpractice in Washington?
The decedent's personal representative may bring a wrongful-death claim under RCW 4.20.010, for the benefit of the spouse or domestic partner and children, or the parents or siblings if there are none, under RCW 4.20.020. The claim is governed by the malpractice limitations period in RCW 4.16.350. Because Washington has no cap, recovery is not limited by a statutory ceiling.
Is the 8-year statute of repose still in effect in Washington?
No. The eight-year outer limit still appears in the text of RCW 4.16.350, but it is unenforceable. In DeYoung v. Providence Medical Center (1998), the Washington Supreme Court held the statute of repose unconstitutional under the state constitution's privileges-and-immunities clause, so courts cannot use it to cut off a claim at eight years.
Harmed by medical care in Washington? Get a free case review
If a medical provider's negligence caused a serious injury, you may be owed compensation, but medical malpractice cases have strict deadlines and special filing rules that vary by state. Get a free, confidential review from a Washington medical malpractice attorney. Most work on contingency, so there is no upfront cost.
Sources and References
- RCW 4.16.350 (medical malpractice statute of limitations: later of 3 years from the act or 1 year from discovery; tolling for fraud, concealment, foreign body; 8-year repose language)(app.leg.wa.gov).gov
- RCW 7.70.100 (mandatory mediation of health care claims before trial; mandatory 90-day pre-suit notice no longer required)(app.leg.wa.gov).gov
- RCW 7.70.040 (necessary elements of proof: failure to follow the accepted standard of care and proximate cause)(app.leg.wa.gov).gov
- RCW 4.22.005 (pure comparative negligence: contributory fault reduces but does not bar recovery)(app.leg.wa.gov).gov
- RCW 4.20.010 (wrongful-death right of action brought by the personal representative)(app.leg.wa.gov).gov
- Sofie v. Fibreboard Corp., 112 Wn.2d 636 (1989) (Washington Supreme Court strikes down the non-economic damages cap as violating the right to a jury trial)(courtlistener.com)
- Putman v. Wenatchee Valley Medical Center, 166 Wn.2d 974 (2009) (Washington Supreme Court strikes down the certificate-of-merit requirement)(courtlistener.com)
- Waples v. Yi, 169 Wn.2d 152 (2010) (Washington Supreme Court strikes down the mandatory 90-day pre-suit notice requirement)(courtlistener.com)
- DeYoung v. Providence Medical Center, 136 Wn.2d 136 (1998) (Washington Supreme Court strikes down the 8-year statute of repose)(courtlistener.com)