FB Washington Statute of Limitations for Birth Injuries, Medical Malpractice

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SOL for Medical Malpractice Claims (Minor Plaintiffs): 21 years

SOL for Medical Malpractice Claims (Parental Claims): 3 years

SOL for Wrongful Death Claims: 3 years

Washington Statute of Limitations for Medical Malpractice Claims (Minor Plaintiffs)

21 years: Statute excluding minors with medical malpractice claims from general minority tolling found to be unconstitutional.

Washington Statute of Limitations for Medical Malpractice Claims (Parental Claims)

3 years: Rev. Code Wash. (ARCW) § 4.16.350: 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 or his or her representative discovered or 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 or the patient’s representative has one year from the date of the actual knowledge in which to commence a civil action for damages. For purposes of this section, notwithstanding RCW 4.16.190, the knowledge of a custodial parent or guardian shall be imputed to a person under the age of eighteen years, and such imputed knowledge shall operate to bar the claim of such minor to the same extent that the claim of an adult would be barred under this section. Any action not commenced in accordance with this section shall be barred.

Washington Medical Malpractice Claim Caps

None.

Washington Statute of Limitations for Wrongful Death Claims

3 years: RCWA § 4.16.080: The following actions shall be commenced within three years:

An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated;

Washington Wrongful Death Claim Caps

Not applicable for the state of Washington.


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The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

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The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

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