Medical Malpractice Statute of Limitations in Washington
Last verified 2026-07 · Source: RCW 4.16.350 ✓ verified · 3 sources
The deadline
3 years
from From the act or omission alleged to have caused the injury or condition, under RCW 4.16.350.
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Under RCW 4.16.350, you have 3 years from From the act or omission alleged to have caused the injury or condition to file a medical malpractice claim in Washington. Miss it and you lose the right to sue — but several Washington-specific exceptions can extend (or shorten) that window, detailed below.
Washington Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Medical Malpractice | 3 years | RCW 4.16.350 |
| Car Accident | 3 yrs | Wash. Rev. Code § 4.16.080 |
| Credit Card Debt | 6 yrs | RCW 4.16.040(1)-(2) |
| Wrongful Death | 3 yrs | Wash. Rev. Code § 4.16.080(2) |
| Personal Injury | 3 yrs | Wash. Rev. Code § 4.16.080(2) |
| Dog Bite | 3 yrs | RCW § 16.08.040; SOL: RCW § 4.16.080 |
| Slip and Fall | 3 yrs | Wash. Rev. Code § 4.16.080(2) |
| Defamation | 2 yrs | Wash. Rev. Code § 4.16.100 |
| Breach of Contract | 6 yrs | RCW 4.16.040 |
| Medical Debt | 6 yrs | RCW 4.16.040 |
When the Clock Starts
In Washington, the limitations period for medical malpractice claims generally begins on From the act or omission alleged to have caused the injury or condition. Washington recognizes a discovery rule for this claim type: Action may be commenced within 1 year from the date the patient discovered or reasonably should have discovered the injury and its cause, if that extends beyond the 3-year window. The 8-year statute of repose was held unconstitutional in Bennett v. United States, 539 P.3d 361 (Wash. 2023).
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Exceptions That Can Extend the Deadline
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: General tort claim filing requirements under RCW 4.96 apply when suing state or local government healthcare providers.
- Damage caps: None. Washington has no statutory cap on economic or noneconomic damages in medical malpractice cases.
Pre-suit mediation under RCW 7.70.100 tolls the SOL for 1 year when a written mediation request is made. The 8-year repose in subsection (3) remains in the statutory text but is unenforceable after Bennett v. United States (Dec. 2023). Knowledge of custodial parent/guardian is imputed to minors.
Source: RCW 4.16.350, official Washington statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Washington government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Washington Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Washington | 3 years | RCW 4.16.350 |
| Idaho | 2 yrs | Idaho Code § 5-219(4) |
| Oregon | 2 yrs | ORS 12.110(4) |
Frequently Asked Questions
How long do I have to file a medical malpractice claim in Washington?
You have 3 years from From the act or omission alleged to have caused the injury or condition, under RCW 4.16.350.
Can I still sue after 3 years in Washington?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to medical malpractice claims in Washington?
Yes. Action may be commenced within 1 year from the date the patient discovered or reasonably should have discovered the injury and its cause, if that extends beyond the 3-year window. The 8-year statute of repose was held unconstitutional in Bennett v. United States, 539 P.3d 361 (Wash. 2023).
Is the deadline different for claims against the government?
General tort claim filing requirements under RCW 4.96 apply when suing state or local government healthcare providers.
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Sources
- Official RCW 4.16.350 — Health Care Malpractice (Washington State Legislature)
- Corroborating RCW 4.16.350 — Justia
- Corroborating Washington Medical Malpractice Statute of Limitations — Nolo
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Washington attorney.