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Medical Malpractice Statute of Limitations in Washington State

  • A medical malpractice action must be brought within three years of the act or omission alleged to have caused the injury or one year after the discovery of the alleged negligent act or omission, whichever period expires later.
  • In no event may a medical malpractice action be brought later than eight years after the date of the alleged act or omission.
  • The limitations period is tolled upon proof of fraud, intentional concealment, or the presence of a foreign object in the claimant.
Wash. Rev. Code Ann. § 4.16.350.

NOTE: Depending on the facts involved in the case there may be exceptions to this time limit.

You should immediately consult with an experienced medical malpractice lawyer to make sure you know when the statute expires in your medical malpractice case. DO NOT WAIT TO CONSULT WITH OR HIRE AN ATTORNEY. Even though your SOL may not expire for a long time, you may still want to promptly hire a medical malpractice attorney to protect or maximize the value of your claim and increase the odds of a favorable outcome.

In many cases the experienced medical malpractice lawyer who is hired early in the claims process can help you avoid mistakes that may harm your case and perform work to greatly enhance the value of your claim.



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