What type of medical malpractice claims are time-barred or have a statute of limitations?

In Washington, medical malpractice claims are subject to a statute of limitations, meaning that a plaintiff must file their medical malpractice lawsuit within a certain amount of time from the date of the malpractice event. Generally, a plaintiff is required to file a medical malpractice lawsuit within three years from the date of injury. In cases involving minors, the statute of limitations is tolled, or suspended, until the minor turns 18, and then the minor has three years from the date of their 18th birthday to file the lawsuit. In addition, some medical malpractice claims are time-barred, meaning the claim is ineligible to be brought to court because too much time has passed since the malpractice event. Claims that involve foreign objects left in a patient’s body, for example, are time-barred, and the three year period begins on the date the object should have been discovered, not the date of the initial malpractice event. In cases where the injured party is unaware of the malpractice event, Washington has a “discovery rule” that allows a medical malpractice lawsuit to be filed within three years of when the malpractice event should have reasonably been discovered. The court may also grant an extension if the discovery of the malpractice was hindered due to circumstances beyond the plaintiff’s control. It is important to know that, if the statute of limitations expires, the injured party may be unable to bring a medical malpractice claim against the negligent party. Therefore, it is important to speak with a lawyer immediately if you believe you may have a medical malpractice claim.

What type of medical malpractice claims are time-barred or have a statute of limitations?

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