Washington Medical Malpractice Lawyer

What makes a Washington medical error a malpractice case?

A malpractice case requires proof that a health care provider failed to follow the accepted standard of care and that this failure caused the patient's injury. Washington law also recognizes claims when a provider failed to get proper informed consent.

Typical Washington malpractice claims include:

• Missed or delayed diagnosis of cancer, stroke, sepsis or heart attack
• Surgical errors and anesthesia mistakes
• Medication errors in hospitals, clinics or pharmacies
• Birth injuries tied to delayed delivery or poor monitoring
• Failure to follow up on abnormal imaging or lab results

These cases arise in large urban hospital systems, rural community hospitals and outpatient clinics. The same basic rules apply across all of them.

How does the discovery rule work in Washington malpractice cases?

Washington generally allows 3 years from the act or omission, or 1 year from when the patient discovered or reasonably should have discovered the injury was caused by it, whichever is later. An 8-year outer limit generally applies.

Here is how that timing plays out. A patient has a scan in 2022 that shows a suspicious mass, but no one follows up. A new doctor finds advanced cancer in 2026 and connects it to the missed scan. The 3-year period from the act has passed, but the 1-year discovery period may still give the patient until 2027 to file. Because the 8-year limit still applies, a patient who learns of the error much later may run out of time. Special timing rules can also apply to children and to cases involving fraud or concealment.

Does Washington limit malpractice damages?

No. Washington does not cap damages in medical malpractice cases. Juries can award full compensation for medical costs, lost earnings, pain and suffering and loss of enjoyment of life, based on the evidence.

That makes a careful damages case important. For serious injuries, we work with treating physicians and other professionals to document future care needs, home modifications and lost earning capacity. A patient who needs lifelong care may have a claim worth far more than past bills suggest.

How does shared fault affect a Washington malpractice claim?

Washington uses pure comparative fault, so if a patient contributed to the harm, the award is reduced by that share rather than eliminated. Providers sometimes argue that patients ignored instructions or missed appointments.

Consider this worked example. A clinic fails to act on lab results showing kidney damage. The patient's damages total $600,000. The defense argues the patient skipped one recommended follow-up. If the jury assigns 15% fault to the patient, the award becomes $510,000. Even if the jury assigns 40%, the patient would still recover $360,000. Often, though, the evidence shows the provider's failure was the real cause, and the missed appointment changed little.

What is an informed consent claim in Washington?

An informed consent claim arises when a provider fails to tell a patient about a material risk of a treatment or alternative options, the patient would not have agreed if properly informed, and the undisclosed risk caused injury. It is separate from a claim that the procedure itself was done poorly.

For example, a patient who was never told a surgery carried a meaningful risk of nerve damage, and would have chosen a different treatment if told, may have an informed consent claim if that nerve damage happens. These claims also require expert support.

Consent forms matter here, but they are not the end of the story. A signed form shows that some discussion took place. It does not prove the provider explained the specific risk that caused the harm in words the patient could understand. Notes from the pre-surgery visit, the form itself and the patient's own memory of the conversation all become important evidence in these claims.

What steps should a Washington patient take if they suspect malpractice?

Gather records, get a second opinion and keep the deadline in view. Malpractice cases require expert review, which takes time.

1. Request complete medical records, imaging and test results.
2. Write a timeline of your care and conversations with providers.
3. Get follow-up care from a provider you trust.
4. Keep bills, receipts and records of missed work.
5. Contact a lawyer well before the 3-year mark.

Our medical malpractice page explains how we evaluate these claims, and families affected by delivery errors can read about birth injuries and maternal injuries. Claims involving elder care may also fit our nursing home and elder care abuse work. For all Washington deadlines, visit our Washington injury law guide. We offer a free case review, and there is no fee unless we win.