Washington — Medical Malpractice SOL
3 years
Governing statute: §4.16.350
The rule at a glance
- Baseline
- 3-year statute of limitations from the act or injury.
- Discovery rule
- 1yr from discovery, max 8yr.
- Statute of repose
- 8-year repose from the act. Hard cap regardless of discovery.
- Minor tolling
- under 18: 3yr or age of majority
- Government-entity notice of claim
- No government-notice deadline separate from the SOL.
- Statutory reference
- §4.16.350
Common pitfalls in Washington
Missing the SOL is the #1 malpractice claim against plaintiff attorneys. The most common Washington pitfalls:
- Assuming the discovery rule extends the deadline when this state's rule is "1yr from discovery, max 8yr" — verify the current statute.
- Missing the separate notice-of-claim deadline for government-entity defendants (VA hospitals, county facilities, state universities).
- Miscalculating minor tolling — the rule ("under 18: 3yr or age of majority") has carve-outs specific to med-mal.
- Ignoring the statute of repose cap where one exists (8yr).
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