What is the statute of limitations?
In Washington State, the statute of limitations on medical malpractice has a few variables. Generally speaking, you have three years from the date of the act or omission which caused your injury to bring a claim. Alternatively, you also have one year from the discovery that your injury was caused by an allegedly negligent act or omission to bring a claim. You can utilize which period expires later.
Are there Damage Caps?
No. Washington State’s Supreme Court has ruled that damage caps are unconstitutional.
Is a “Certificate of Merit” Required?
No. In 2006, a law was passed to require a certificate of merit written by a qualified medical expert under oath. However, this was ruled unconstitutional by the Washington Supreme Court in 2009.
Is an Expert Medical Witnessed Required?
Washington Court Rule ER 702 allows for a qualified expert witness to provide knowledge and input for a trial. However, this may not be required in all cases. Seeking the advice of a qualified attorney is advisable on this matter.