Pursuing a medical malpractice lawsuit in Washington requires following a distinct set of steps, some unique to medical negligence claims and some that apply to all civil cases. Fortunately, Washington law does not require a certificate of merit or pre-suit notice before filing, which simplifies the initial steps for taking legal action.
What Steps Are Involved in Filing a Claim?
Building a medical malpractice case generally follows a defined process. The early stages of investigation involve reviewing medical records and consulting medical specialists to evaluate whether malpractice occurred.
These cases generally require attorneys to:
- Gather medical records from every provider involved in the relevant treatment.
- Consult with medical experts to evaluate whether the care fell below the accepted standard.
- Establish that substandard care directly caused the harm suffered (causation)
- Calculate damages for current losses and future medical care.
- Send a demand letter to the provider or their insurer, outlining the claim and inviting settlement before a lawsuit is filed.
- File the complaint in the appropriate Washington superior court.
The pre-suit phase of a medical negligence matter can last many months as your attorney gathers the necessary records and testimony to establish that malpractice occurred.
Do You Need a Certificate of Merit or Pre-Suit Notice?
Washington previously required a certificate of merit and a 90-day pre-suit notice before filing a medical malpractice claim, but both requirements were struck down by the Washington Supreme Court as unconstitutional.
While there is no pre-suit requirement to consult a medical expert, most attorneys still consult a medical expert early in the investigation process. Expert testimony is required during the lawsuit, specifically at trial, to establish the accepted medical standards for a patient’s procedure and evaluate whether the providers’ conduct deviated from this standard.
What Happens After the Lawsuit Is Filed?
Once you file your lawsuit, a medical malpractice case typically moves through several stages:
- Discovery, where both sides exchange medical records, expert reports, and other evidence.
- Expert depositions, where medical experts testify about the standard of care and causation.
- Motions and hearings related to evidence and other matters.
- Settlement negotiations, where cases may resolve before trial.
- Trial, if the parties can’t reach a fair settlement.
Voluntary mediation is also available and, if requested in writing before filing, can toll the statute of limitations for up to one year to allow time for the process.
What Is the Deadline for Filing a Claim?
Under RCW 4.16.350, a Washington medical malpractice lawsuit must generally be filed within three years of the negligent act or omission, or one year from when the injury was discovered or reasonably should have been discovered, whichever period ends later.
Certain circumstances, such as concealment or a foreign object left in the body, can extend this deadline. But you shouldn’t bank on an exception applying. If you miss the relevant deadline, you will not be able to seek compensation in court.
Washington medical malpractice claims involve strict deadlines and evidence requirements. Accordingly, you should consult an experienced attorney as soon as possible to get started on your claim. Darrell Cochran Personal Injury Lawyers offers free consultations to help you understand your rights.