Washington Medical Malpractice Laws
Washington has no caps on medical malpractice damages — a 1986 cap was struck down as unconstitutional. The statute of limitations is 3 years from the act or 1 year from discovery, whichever is later. The 8-year statute of repose was ruled unconstitutional in 2023 (Bennett v. United States). Mandatory mediation is required before trial, and the pre-suit mediation request tolls the SOL for 1 year. The certificate of merit requirement was also struck down as unconstitutional.
Last verified: 2026-02-25
Statute of Limitations
Medical malpractice claims must be filed within 3 years from the act/omission or 1 year from discovery of the injury, whichever is later. The 8-year statute of repose was ruled unconstitutional by the WA Supreme Court in Bennett v. United States (2023).
Damage Caps
Washington has no caps on medical malpractice damages. A 1986 statutory cap was struck down as unconstitutional by the Washington Supreme Court.
Filing Requirements
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.
Key Washington Statutes
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.
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Washington.
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