Pain & Suffering: Medical Malpractice vs. Ordinary Injury

By the FigureMyTax Editorial Team · How we calculate

The damages rule is the same. The clock and the process differ.

No cap on either

We found no enacted cap in malpractice. Washington's limit on noneconomic damages was struck down in Sofie v. Fibreboard (1989).

The clock for injuries

Actions for injury to the person must be commenced within three years.

The clock for malpractice

A health care action must be commenced within three years of the act or omission, or one year from when the patient discovered or should have discovered that the injury was caused by it, whichever expires later, and never more than eight years after the act. Fraud, intentional concealment or a foreign body toll the time.

Mandatory mediation

All causes of action for injury resulting from health care provided after July 1, 1993 are subject to mandatory mediation before a superior court trial, with exceptions in the statute.

Claims against governments

Claims against local governments must be presented on the standard tort claim form to the entity's agent within the applicable limitation period.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Washington's rules apply to your specific case with a licensed Washington attorney.