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Statute of Limitations

Actions must be filed within three years of the date of the act or omission causing the injury, or within one year of the date the injury was discovered, whichever is later

Comparative or contributory negligence

pure comparative negligence

Nature of accused's liability

Washington has abolished joint and several liability in medical malpractice cases except where two or more defendants acting in concert, and when plaintiff has no fault

Law of contribution

A right of contribution exists where two or more defendants are jointly and severally liable for the same injury or death

Expert testimony standards

Washington does not impose special rules for expert witness testimony

Limits on compensation

Non-economic damages are calculated using a formula based on plaintiff's average annual income and his life expectancy

Limits on attorney fees

Fees are reviewed by the court to endure they are reasonable.

Collateral Source rule enforced

evidence of collateral source payments is admissible, unless the source of payment is an insurance policy that the plaintiff or a member of the plaintiff's immediate family purchased with his or her assets

State and local health care providers immune from liabaility

The state of Washington is liable for tort claims in the same manner as an individual person.

Select Your State

Select Your State

Select Your State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington State West Virginia Wisconsin Wyoming

Medical malpractice law varies from state to state, the key areas of difference are as follows

• Statute of limitations
• The law of comparative or contributory negligence
• The nature of the accused's liability
• Law of contribution
• Standards for expert testimony
• Limitations on compensation
• Limitiations on attorney fees
• Whether collateral source law is in effect
• Are state health care providers immune from liability