Washington Medical Malpractice Laws

Washington has no caps on medical malpractice damages. A 1986 statutory cap was struck down as unconstitutional by the Washington Supreme Court.

Mandatory mediation of health care claims is required before trial. The mediator must be a WA bar member with 5+ years experience or a retired judge (parties may stipulate to a non-lawyer).

A pre-suit mediation request tolls the statute of limitations for 1 year.

The 8-year statute of repose for medical malpractice was ruled unconstitutional by the WA Supreme Court in Bennett v. United States (2023). Claims are subject only to the discovery-based statute of limitations.

The certificate of merit requirement was held unconstitutional in Putnam v. Wenatchee Valley Medical Center. The statute remains on the books but is not enforceable.