When Medical Care Falls Below What You Were Owed

Medical malpractice occurs when a doctor, nurse, hospital, or other healthcare provider fails to meet the accepted standard of care and that failure causes injury. Washington law, under RCW 7.70, recognizes claims based on a provider’s negligence, a failure to obtain informed consent, or a broken promise about a specific treatment outcome. Washington is notably patient-friendly in one respect: its courts have struck down both the certificate-of-merit filing requirement and the cap on pain-and-suffering damages as unconstitutional, so injured patients are not blocked by procedural hurdles or an artificial ceiling on compensation. A Washington medical malpractice attorney can evaluate whether your care fell short and what compensation may be available. Meyer Thorp, PLLC represents patients and families across Washington.

Why Clients Turn to Meyer Thorp, PLLC

  • Experience working with medical experts to establish exactly how a provider’s care fell below the accepted standard
  • The ability to obtain medical records, hospital policies, and internal incident reports through the discovery process
  • A contingency-fee structure, so a client pays nothing up front and nothing at all unless we recover compensation
  • Familiarity with the added procedural steps that apply when a claim involves a public hospital or government-employed provider
  • Statewide representation for patients and families harmed by medical negligence across Washington

What Counts as Medical Malpractice in Washington?

Medical malpractice claims can arise from many types of care, including:

  • Misdiagnosis or delayed diagnosis of a serious condition, such as cancer or a heart attack
  • Surgical errors, including wrong-site surgery or damage to nearby organs and structures
  • Medication errors, including incorrect dosing or dangerous drug interactions
  • Birth injuries caused by a failure to properly monitor mother or baby during labor and delivery
  • Anesthesia errors
  • Failure to obtain informed consent before a procedure, so the patient could not make an informed decision about the risks involved

What Must We Prove in a Washington Medical Malpractice Claim?

Under RCW 7.70, a claim generally requires proving that the provider owed you a duty of care, breached the accepted standard of care for their profession, and that the breach caused your injury and resulting damages. Washington recognizes three legal theories: failure to follow the accepted standard of care, treatment without proper informed consent, and breach of a provider’s specific promise about the result of treatment. Most cases proceed on the standard-of-care theory, which requires expert testimony about what a reasonably prudent provider would have done under the same circumstances.

Do I Need a Certificate of Merit to File a Claim?

No. Washington previously required plaintiffs to file a certificate of merit from a qualified medical expert before or shortly after filing a lawsuit, but the Washington Supreme Court struck this requirement down as unconstitutional in Putman v. Wenatchee Valley Medical Center (2009), holding that it placed an undue burden on injured patients’ access to the courts. You still need strong expert support to win your case, but you are not required to produce it before discovery even begins.

Is There a Cap on My Compensation?

No. Many states limit how much a jury can award for pain, suffering, and other non-economic harm in a medical malpractice case, but Washington’s Supreme Court struck down its own statutory damages cap as unconstitutional in Sofie v. Fibreboard Corp. (1989). A Washington jury can fully value the pain, disability, and loss of enjoyment of life a patient has experienced, without an artificial ceiling.

How Long Do I Have to File a Claim in Washington?

Under RCW 4.16.350, a medical malpractice claim generally must be filed within three years of the act or omission that caused the injury, or within one year of discovering the injury and its connection to the medical care, whichever is later. Washington’s former eight-year outer limit, called a statute of repose, was struck down as unconstitutional by the Washington Supreme Court in 2023, so there is no longer a hard outside deadline for cases that come to light years later. Certain circumstances, such as fraud, intentional concealment, or a retained foreign object, can further extend these deadlines. Because these rules are fact-specific, it is worth having an attorney confirm the deadline that applies to your situation.

What If My Claim Involves a Public Hospital or Government Provider?

If your care was provided by a public hospital district, a state university medical center, or another government-affiliated provider, your claim may also need to satisfy a separate government tort claim notice requirement before a lawsuit can be filed, in addition to the standard medical malpractice deadline. Missing this additional notice step can delay or bar an otherwise valid claim, so it matters to correctly identify every provider and entity involved early on.

What Compensation Can I Recover?

A successful claim can provide compensation for past and future medical expenses, lost income and earning capacity, and pain, suffering, disability, and loss of enjoyment of life, all without a statutory cap in Washington. In a fatal case, a wrongful death claim can also provide compensation for funeral expenses and the loss of the family relationship.

Talk to a Washington Medical Malpractice Attorney

If you believe a medical error caused you or a loved one serious harm, you deserve real answers about what happened. Contact Meyer Thorp, PLLC today for a confidential consultation.

Medical Malpractice Claims

When Medical Care Falls Below What You Were Owed

Medical malpractice occurs when a doctor, nurse, hospital, or other healthcare provider fails to meet the accepted standard of care and that failure causes injury. Washington law, under RCW 7.70, recognizes claims based on a provider’s negligence, a failure to obtain informed consent, or a broken promise about a specific treatment outcome. Washington is notably patient-friendly in one respect: its courts have struck down both the certificate-of-merit filing requirement and the cap on pain-and-suffering damages as unconstitutional, so injured patients are not blocked by procedural hurdles or an artificial ceiling on compensation. A Washington medical malpractice attorney can evaluate whether your care fell short and what compensation may be available. Meyer Thorp, PLLC represents patients and families across Washington.

Why Clients Turn to Meyer Thorp, PLLC

  • Experience working with medical experts to establish exactly how a provider’s care fell below the accepted standard
  • The ability to obtain medical records, hospital policies, and internal incident reports through the discovery process
  • A contingency-fee structure, so a client pays nothing up front and nothing at all unless we recover compensation
  • Familiarity with the added procedural steps that apply when a claim involves a public hospital or government-employed provider
  • Statewide representation for patients and families harmed by medical negligence across Washington

What Counts as Medical Malpractice in Washington?

Medical malpractice claims can arise from many types of care, including:

  • Misdiagnosis or delayed diagnosis of a serious condition, such as cancer or a heart attack
  • Surgical errors, including wrong-site surgery or damage to nearby organs and structures
  • Medication errors, including incorrect dosing or dangerous drug interactions
  • Birth injuries caused by a failure to properly monitor mother or baby during labor and delivery
  • Anesthesia errors
  • Failure to obtain informed consent before a procedure, so the patient could not make an informed decision about the risks involved

What Must We Prove in a Washington Medical Malpractice Claim?

Under RCW 7.70, a claim generally requires proving that the provider owed you a duty of care, breached the accepted standard of care for their profession, and that the breach caused your injury and resulting damages. Washington recognizes three legal theories: failure to follow the accepted standard of care, treatment without proper informed consent, and breach of a provider’s specific promise about the result of treatment. Most cases proceed on the standard-of-care theory, which requires expert testimony about what a reasonably prudent provider would have done under the same circumstances.

Do I Need a Certificate of Merit to File a Claim?

No. Washington previously required plaintiffs to file a certificate of merit from a qualified medical expert before or shortly after filing a lawsuit, but the Washington Supreme Court struck this requirement down as unconstitutional in Putman v. Wenatchee Valley Medical Center (2009), holding that it placed an undue burden on injured patients’ access to the courts. You still need strong expert support to win your case, but you are not required to produce it before discovery even begins.

Is There a Cap on My Compensation?

No. Many states limit how much a jury can award for pain, suffering, and other non-economic harm in a medical malpractice case, but Washington’s Supreme Court struck down its own statutory damages cap as unconstitutional in Sofie v. Fibreboard Corp. (1989). A Washington jury can fully value the pain, disability, and loss of enjoyment of life a patient has experienced, without an artificial ceiling.

How Long Do I Have to File a Claim in Washington?

Under RCW 4.16.350, a medical malpractice claim generally must be filed within three years of the act or omission that caused the injury, or within one year of discovering the injury and its connection to the medical care, whichever is later. Washington’s former eight-year outer limit, called a statute of repose, was struck down as unconstitutional by the Washington Supreme Court in 2023, so there is no longer a hard outside deadline for cases that come to light years later. Certain circumstances, such as fraud, intentional concealment, or a retained foreign object, can further extend these deadlines. Because these rules are fact-specific, it is worth having an attorney confirm the deadline that applies to your situation.

What If My Claim Involves a Public Hospital or Government Provider?

If your care was provided by a public hospital district, a state university medical center, or another government-affiliated provider, your claim may also need to satisfy a separate government tort claim notice requirement before a lawsuit can be filed, in addition to the standard medical malpractice deadline. Missing this additional notice step can delay or bar an otherwise valid claim, so it matters to correctly identify every provider and entity involved early on.

What Compensation Can I Recover?

A successful claim can provide compensation for past and future medical expenses, lost income and earning capacity, and pain, suffering, disability, and loss of enjoyment of life, all without a statutory cap in Washington. In a fatal case, a wrongful death claim can also provide compensation for funeral expenses and the loss of the family relationship.

Talk to a Washington Medical Malpractice Attorney

If you believe a medical error caused you or a loved one serious harm, you deserve real answers about what happened. Contact Meyer Thorp, PLLC today for a confidential consultation.